Re: ENDA and Title VII (diversion from: What's at stake in the debate over the forthcoming LGBT nondiscrimination E.O.?)

2014-07-09 Thread Ira Lupu
I appreciate the important correction that Marty has offered. I don't disagree with what he has written on this point. I believe I was in error. So, a nice question, post Hobby Lobby -- suppose ENDA became law, no exemption for religious non-profits. Would RFRA provide a religious nonprofit with

Re: ENDA and Title VII (diversion from: What's at stake in the debate over the forthcoming LGBT nondiscrimination E.O.?)

2014-07-09 Thread Marty Lederman
I agree with most of what Chip writes here, especially (i) that the crux of the E.O. dispute appears to be motivated by the question of benefits for same-sex spouses, and (ii) that, post-Hobby Lobby, the federal government will be wary of affording exemptions to religious nonprofits for fear that i