Oh, I agree with that in general -- I just posted something on
my blog,
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/07/23/is-sexual-orientation-discrimination-like-discrimination-based-on-race-sex-religion-politics-appearance/,
that discusses the "akin to sex discrimination" position, among others.
Indeed, when it comes to controversies such as the Boy Scouts controversy, the
sex discrimination analogy would be an important one to consider (though I
agree that some prefer the race discrimination analogy there). I was just
saying that, when it comes to the religious exemption debate, the argument is
(usually implicitly) that sexual orientation discrimination should be treated
like religious discrimination rather than like race discrimination.
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of David Cruz
Sent: Wednesday, July 23, 2014 2:56 PM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the President's executive order on sexual
orientation discrimination
Although to the extent "the debate" is so framed, it overlooks the place of sex
discrimination in the Title VII/EO antidiscrimination regime and occludes the
possibilities that sexual orientation and gender identity discrimination might
properly be understood as akin to sex discrimination, or indeed even as forms
of discrimination based upon sex - and thus already prohibited.
David B. Cruz
Professor of Law
University of Southern California Gould School of Law
Los Angeles, CA 90089-0071
U.S.A.
From: <Volokh>, "Volokh, Eugene"
<vol...@law.ucla.edu<mailto:vol...@law.ucla.edu>>
Reply-To: Law & Religion issues for Law Academics
<religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>>
Date: Wednesday, July 23, 2014 at 2:39 PM
To: Law & Religion issues for Law Academics
<religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>>
Subject: RE: Question about the President's executive order on sexual
orientation discrimination
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
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