Prof. Laycock makes interesting points, as usual, but as to the
mirror-image one: Arizona actually does have laws on sexual-orientation
discrimination in employment. They're local laws, but they cover some
35% of Arizonans (i.e., around 2.3 million) in the cities of Phoenix,
Tucson, Flagstaff, and Scottsdale. The pending Arizona bill would have
an impact on such ordinances.
In truth, of course, most if not all states are speckled rather than
just red or blue.
Bill Kelley, Chicago
William B. Kelley
Attorney at Law
2012 West Estes Avenue
Chicago, Illinois 60645-2404
(773) 907-9266
w...@wbkelley.com
On 2/26/2014 1:22 PM, Douglas Laycock wrote:
Many state laws on sexual-orientation discrimination, and most laws on
same-sex marriage, have exemptions for religious organizations. Some
are broad; some are narrow. Some are well drafted; some are a mess.
But they are mostly there.
Apart from marriage, there is no reason to have religious exemptions
for businesses from laws on sexual-orientation discrimination. No one
in the groups I have been part of has ever suggested such exemptions.
Not even the Kansas bill provides such exemptions.
Chip is correct that no state has explicitly exempted small businesses
in the wedding industry, or in marriage counseling, from its same-sex
marriage legislation. All those laws so far have been in blue states.
The absurd overreach in the Kansas bill, and the resulting political
reaction to the radically different Arizona bill, and some bills
caught in the fire elsewhere with less publicity, may indicate that
such exemptions will be hard to enact even in red states. Or maybe
not, if someone offers a well drafted, narrowly targeted bill when or
after same-sex marriage becomes the law in those states.
I agree with Alan Brownstein that part of the problem in red states is
that they want to protect religious conservatives without protecting
gays and lesbians. Not only does Arizona not have same-sex marriage;
it doesn't have a law on sexual-orientation discrimination. The blue
states are mostly the mirror image. More and more they want to protect
gays and lesbians but not religious conservatives. Hardly any
political actors appear to be interested in protecting the liberty of
both sides.
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546
*From:*religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Ira Lupu
*Sent:* Wednesday, February 26, 2014 11:34 AM
*To:* Law & Religion issues for Law Academics
*Subject:* Re: Subject: Re: Kansas/Arizona statutes protecting
for-profit businesses
That is my understanding, Hillel. If Doug, Rick, Tom, or others know
of counterexamples, I'm sure they will bring them forward to the list.
On Wed, Feb 26, 2014 at 11:28 AM, Hillel Y. Levin
<hillelle...@gmail.com <mailto:hillelle...@gmail.com>> wrote:
Chip:
Thanks for the cite! I will take a look.
And just so I understand: are you asserting that /none/ have
adopted the broader exceptions (wedding vendors, etc)?
On Wed, Feb 26, 2014 at 11:23 AM, Ira Lupu <icl...@law.gwu.edu
<mailto:icl...@law.gwu.edu>> wrote:
Hillel:
The same sex marriage laws to which you refer do have
"exceptions," for clergy, houses of worship, and (sometimes)
for religious charities and social services. Bob Tuttle and I
analyze and collect some of that here:
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1055&context=njlsp.
There is plenty of other literature on the subject.
What has happened in other states since we wrote that piece is
quite consistent with the pattern we described. These laws do
NOT contain exceptions for wedding vendors (bakers, caterers,
etc.) or public employees like marriage license clerks. Those
are the efforts that have failed, over and over.
Chip (not Ira, please)
On Wed, Feb 26, 2014 at 11:13 AM, Hillel Y. Levin
<hillelle...@gmail.com <mailto:hillelle...@gmail.com>> wrote:
Ira:
You say that these bills have failed over and over again.
If I'm not mistaken, several states that recognize
same-sex marriage and/or have non-discrimination laws
protecting gays and lesbians /do/ have religious
exceptions (as does the ENDA that passed the senate not
long ago, only to die in the House). Am I mistaken? Do you
(or anyone else here!) know of any literature that
canvasses the laws in this context?
Many thanks.
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