very interesting, thanks On Tue, Jun 28, 2011 at 5:31 PM, Luke Goodrich <lgoodr...@becketfund.org>wrote:
> Marty,**** > > ** ** > > Thanks for your response. I wish you were right that “virtually all states > will, as would ENDA for federal law, simply carve out a separate ‘religious > organizations’ exemption as a cost of securing passage of the legislation.” > Unfortunately, that’s not the case.**** > > ** ** > > Four examples jump to mind. Wisconsin prohibits sexual orientation > discrimination in employment with no religious exemption. Wis. Stat. § > 111.36. Nevada prohibits sexual orientation discrimination in employment, > Nev. Rev. Stat. § 613.330, offering only a BFOQ exemption, § 613.350, and an > exemption for religious educational organizations to hire employees “of a > particular religion,” Nev. Rev. Stat. § 613.350. Rhode Island and Maine > prohibit sexual orientation in employment, but offer only a “co-religionist” > exemption (“employment of individuals of its religion” or “members of the > same religion”). That’s four out of about twenty states that haven’t > provided the exemption you anticipate. I think there are a handful of others > (such as Illinois), but I haven’t done all the research.**** > > ** ** > > In 2009, the Becket Fund did a fifty-state survey of state > anti-discrimination laws and religious exemptions, which you might find > useful: > http://www.becketfund.org/wp-content/uploads/2011/04/Same-Sex-Marriage-and-State-Anti-Discrimination-Laws-with-Appendices.pdf. > The Executive Summary mentions that 19 of 20 states provide “some type of > exemption,” but you have to look at the appendix to get a sense for how > narrow many of these exemptions are.**** > > ** ** > > So the upshot is that maybe your theory about religious tenets will get > tested on sexual orientation discrimination sooner than you think.**** > > ** ** > > Luke Goodrich > Deputy National Litigation Director > The Becket Fund for Religious Liberty > ****3000 K Street NW, Suite 220**** > ****Washington**, **DC** **20007-5123**** > T (202) 349-7216**** > > F (202) 955-0090 > http://www.becketfund.org**** > > **** > > *NOTICE: This e-mail is from a law firm, The Becket Fund for Religious > Liberty, and is intended solely for the use of the person(s) to whom it is > addressed. If you believe you received this e-mail in error, please notify > the sender immediately, delete the e-mail from your computer and do not copy > or disclose it to anyone else. If you are not an existing client of The > Becket Fund, do not construe anything in this e-mail to make you a client > unless it contains a specific statement to that effect and do not disclose > anything to The Becket Fund in reply that you expect or want it to hold in > confidence. If you properly received this e-mail as a client, co-counsel or > retained expert of The Becket Fund, you should maintain its contents in > confidence in order to preserve the attorney-client or work product > privilege that may be available to protect confidentiality**.***** > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. >
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