Re: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Levinson, Sanford V
I'll believe this is a serious issue when the Court holds that limiting the priesthood or rabbinate to men violates Title VII, but not a day before. I detect some demagoguery in Oklahoma legislature--shocking I'm sure. Sent from my iPhone On Feb 13, 2015, at 3:53 PM, Brad Pardee

Re: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Marty Lederman
I think the odds are higher that the electorate of Oklahoma overwhelmingly votes for Elizabeth Warren for President than that both houses of the Oklahoma legislature would approve, and the Oklahoma governor would sign, a bill that requires all clergy in Oklahoma to perform religious weddings for

RE: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Volokh, Eugene
Any thoughts on the Coeur d’Alene, Idaho incident in which the City Attorney suggested that a wedding chapel run by two ministers would have to allow same-sex marriages, given a Coeur d’Alene public accommodations ordinance that banned sexual orientation discrimination? See

Re: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Steven Jamar
I think one will see all sorts of errors — like those going the other way in Alabama right now. And like those teachers and administrators who wrongly prohibit kids from private prayer before lunch or from reading the Bible in free reading time. And ironically some of the mistakes will be

RE: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Scarberry, Mark
Following up on Eugene’s point: Marty and Sandy are basically right, but that doesn’t mean it couldn’t become an issue. If I’m not mistaken, the Obama administration opposed recognition of the ministerial exception (and not just as applied on the facts in Hosanna-Tabor). Some states have

Re: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Marty Lederman
What does it say that seven out of 95 legislators voted against? That this is not a serious question. BTW, the story does not say that supporters of gay rights said they'll challenge the law in the courts if it is passed, indicating that they believe pastors can be forced to perform same sex

Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Brad Pardee
http://news.yahoo.com/oklahoma-bill-protect-clergy-wont-perform-gay-marriage s-230731935.html From what I have learned here in my time on this list, I wouldn't think that this law would be necessary because existing law would seem to prevent the government from mandating when churches are

RE: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Brad Pardee
I thought that having nearly ten percent of the legislature oppose it indicates that that the pastors' concerns weren't just products of their imagination, and what nearly ten percent now may grow larger in time as activists and lobbyists play their role in the political process. What I've

Re: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread James Oleske
One interesting question is whether situations like that in Coeur d'Alene -- even assuming they are not adequately addressed by constitutional protections for freedom of association and freedom of religion -- are best addressed statutorily through (1) the definition of places of public

RE: Oklahoma bill would protect clergy who won't perform gay marriages

2015-02-13 Thread Volokh, Eugene
The Coeur d’Alene chapel did invite the public generally – just as, to my knowledge, many clergy members are happy to officiate over weddings even for strangers. It’s just that they only want to officiate at weddings that they view as consistent with their beliefs, whether those

The racist prostitute hypothetical

2015-02-13 Thread Volokh, Eugene
I've been thinking about a little thought experiment, and I thought I'd run it past this list to see whether people see it as helpful. Imagine a state in which prostitution is legalized. A prostitute offers her services to the general public (perhaps through a web

Combined Thread on Civil Rights Laws: Libertarian Definitional Limits or Religious Exemptions?

2015-02-13 Thread James Oleske
Given the overlap between Eugene's two most recent messages -- one on the Oklahoma bill thread and the other offering the new racist prostitute hypothetical -- I thought it might be helpful to put them both in one thread. Eugene's messages raise precisely the question I had been hoping to raise: