Can someone who thinks the decision wrong explain the difference between this case and an interracial marriage or a Catholic photographer refusing to do a Jewish or Muslim or Hindu wedding? What is the principled distinction? I can't find one.
What is the difference between this and a restaurant -- as a religious matter? Or any other public accommodation -- taxis, hotels, trains, busses, airlines? Again, I am more sympathetic to the free speech/compelled speech argument, but we compell doctors and others to engage in speech all the time, even if it is against their religious beliefs. As to the war hypo -- I suspect various photographers have been assigned many jobs they didn't like by their (private) employers. For those who support a unit veto, can Sears fire a photographer in its photo studio who refuses to do the same sex couple? (Assuming it is Sears who runs the studio, but if not, then substitute for Sears whoever the subcontractor to Sears is.) Or is that person protected? I am more sympathetic to the individual photographer in that setting because of Title VII duty to accommodate -- a statutory, not constitutional duty -- and if one could be crafted would not be adverse to something for expressive arts like even commercial photography -- but I can't see how to craft it to keep it within bounds and to separate out same sex from race. Please enlighten me. Steve -- Prof. Steven D. Jamar vox: 202-806-8017 Director of International Programs, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://iipsj.com/SDJ/ "I have nothing new to teach the world. Truth and nonviolence are as old as the hills." Gandhi On Aug 23, 2013, at 8:45 AM, Michael Worley <mwor...@byulaw.net> wrote: > Are people who support the decision in New Mexico also willing to support a > law forcing photographers who object to war to take pictures of army battle > drills if hired by a government contractor? If not, what is the difference? > > > > > > -- > Michael Worley > BYU Law School, Class of 2014 > _______________________________________________ > 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.
_______________________________________________ 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.
