Not permissible.  An obvious sectarian gerrymander, with unmistakable harm
to men, who get no comparable single-sex hours in the pool.  And, I
suspect, trans women are not going to be allowed in the pool during the
hours for women only.

A policy that created hours for men (and boys) only, and an equal number of
hours for women (and girls) only would be easier (though not easy) to
defend on constitutional grounds, though perhaps even more unpopular for
its detrimental effects on family swimming.

On Thu, Jun 2, 2016 at 6:18 PM, Marty Lederman <lederman.ma...@gmail.com>
wrote:

> permissible accommodation?
>
> http://www.nytimes.com/2016/06/01/opinion/everybody-into-the-pool.html
>
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-- 
Ira C. Lupu
F. Elwood & Eleanor Davis Professor of Law, Emeritus
George Washington University Law School
2000 H St., NW
Washington, DC 20052
(202)994-7053
Co-author (with Professor Robert Tuttle) of "Secular Government, Religious
People" ( Wm. B. Eerdmans Pub. Co., 2014))
My SSRN papers are here:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
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