?? It's not either race discrimination or religious discrimination -- it's discrimination on the basis of sexual orientation.
On Wed, Jul 23, 2014 at 5:39 PM, Volokh, Eugene <vol...@law.ucla.edu> wrote: > I agree -- my point was simply that the debate is in part > over whether to treat sexual orientation discrimination as akin to race > discrimination, or as akin to religious discrimination. > > > > Eugene > > > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman > *Sent:* Wednesday, July 23, 2014 12:11 PM > > *To:* Law & Religion issues for Law Academics > *Subject:* Re: Question about the President's executive order on sexual > orientation discrimination > > > > I don't think that's right, Eugene. Or, more to the point, you are correct > that the sec. 204 exemption is not "extended" to sexual orientation > discrimination proscribed in sec. 202 -- but that that's true, as well, > for all other forms of forbidden discrimination, and retaliation, that are > proscribed in section 202 of the E.O. *except the prohibition on > religious discrimination. *That is to say: The 204 exemption is only a > partial exemption from the ban on religious discrimination, allowing > certain contractors to prefer coreligionists even if that would otherwise > violate the ban on religious discrimination. > > > > The exemption - both in 204 and in title VII -- does not give the > organization the right, even on religious grounds, to discriminate on the > basis of sex, or race, or sexual orientation, or the fact that an employee > sued to vindicate one of those protections, etc. > > > > See pages 30-32 of http://balkin.blogspot.com/olc.charitablechoice.pdf > > > > On Wed, Jul 23, 2014 at 12:51 PM, Volokh, Eugene <vol...@law.ucla.edu> > wrote: > > My apologies if I missed this in past list traffic on the > subject, but I just wanted to check my understanding: As I read it, under > an existing executive order, > http://www.dol.gov/ofccp/regs/statutes/eo11246.htm, federal contractors > can’t discriminate based on race, color, religion, sex, or national origin, > but religious institutions are exempt from the ban on* religious > *discrimination, > when it comes to discriminating in favor of “individuals of a particular > religion” (sec. 204). The President’s new executive order, > http://www.whitehouse.gov/the-press-office/2014/07/21/executive-order-further-amendments-executive-order-11478-equal-employmen, > bars federal contractors from discriminating based on sexual orientation > and gender identity, but does not extend the sec. 204 exemption to sexual > orientation discrimination. One argument against this order is (in effect) > that sexual orientation discrimination should be treated more like > religious discrimination (in the sense of being exempted when done by a > religious institution) than like race discrimination (which is not exempted > even when done by a religious institution). > > > > Do I have *the facts *right on this? I’m setting aside here what the > right answer ought to be; I just want to make sure I’m not misunderstanding > the legal scheme. Thanks, > > > > Eugene > > > _______________________________________________ > 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. >
_______________________________________________ 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.
