Paul’s point is supported by those Christians who interpret “shall not be 
unevenly yoked” broadly as requiring separation — including discrimination 
against others of other beliefs.  I have relatives who (formerly) were of 
exactly this belief and know some Christians who still adhere to them.

On another point made by someone — there is huge difference between a law that 
permits people to discriminate and one that prohibits it in terms of how people 
will act.  Having to sue to vindicate rights is never the better way to set 
things up — now it is not a matter of showing discrimination for the person 
excluded, it is a matter of showing non-substantiality of the religious point 
(impossible) and the compelling interest of the state and the least restrictive 
alternative was being used.

That burden of proof is much harder to meet.  Technically the burden is on the 
discriminator to show substantiality, but how does one negate a naked claims of 
a belief that to not discriminate would be to be complicit with evil?

Steve


On Mar 27, 2015, at 2:43 PM, Finkelman, Paul <paul.finkel...@albanylaw.edu> 
wrote:

> But does this mean that "religion is not protected?   Will we see claims that 
> members of certain faiths do not want to hire (or even serve) members of 
> other faiths?  I think the language of the Indiana law and some of these 
> other laws might allow this.  
> 
>  
> *************************************************
> Paul Finkelman
> Senior Fellow
> Penn Program on Democracy, Citizenship, and Constitutionalism
> University of Pennsylvania
> and
> Scholar-in-Residence 
> National Constitution Center
> Philadelphia, Pennsylvania
>  
> 518-439-7296 (p)
> 518-605-0296 (c)
>  
> paul.finkel...@albanylaw.edu
> www.paulfinkelman.com
> *************************************************


-- 
Prof. Steven D. Jamar                    
Assoc. Dir. of International Programs
Institute for Intellectual Property and Social Justice
http://iipsj.org
http://sdjlaw.org

Nothing worth doing is completed in our lifetime, 
        Therefore, we are saved by hope. 
Nothing true or beautiful or good makes complete sense in any immediate context 
of history; 
        Therefore, we are saved by faith. 
Nothing we do, however virtuous, can be accomplished alone. 
        Therefore, we are saved by love. 
No virtuous act is quite as virtuous from the standpoint of our friend or foe 
as from our own; 
        Therefore, we are saved by the final form of love which is forgiveness. 

Reinhold Neibuhr




_______________________________________________
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.

Reply via email to