FW from Chip Lupu: Elane Photography

2009-12-17 Thread Volokh, Eugene
-Original Message- From: Ira (Chip) Lupu [mailto:icl...@law.gwu.edu] Sent: Thursday, December 17, 2009 12:19 PM To: Volokh, Eugene Subject: Elane Photography Eugene: I'm at a computer from which I cannot post to the list. But here's one question about your compelling interest argumen

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Douglas Laycock
The state's pervasive discrimination against same-sex relationships makes mincemeat of its claim that it has a compelling interest in prohibiting all private discrimination against same-sex relationships. Quoting "Volokh, Eugene" : > > > -Original Message- > From: Ira (Chip) Lupu [mailt

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Steven Jamar
What if it were not a wedding ceremony (legally recognized or not)? But a Valentine's Day party or a New Year's Eve Party that the gay couple wanted memorialized? Or the couple's child's birthday party or bar mitzva? Could the photographer then refuse? On what grounds? This is pure status dis

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Steven Jamar
true. but why is compelling state interest the standard here? I don't think SCt 1st amendment jurisprudence in cutting edge cases is coherent such that we can be confident of anything. that is, mushy principles will be trotted out to resolve it, not hard-edged rules and existing standards of rev

RE: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Volokh, Eugene
eligionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Thursday, December 17, 2009 12:35 PM To: Law & Religion issues for Law Academics Subject: Re: FW from Chip Lupu: Elane Photography What if it were not a wedding ceremony (legally recognized or not)? But a Valentine's Day party o

RE: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Volokh, Eugene
Because the New Mexico RFRA says so. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Thursday, December 17, 2009 12:38 PM To: Law & Religion issues for Law Academics Subject: Re: FW from Chip Lupu: Elane Photogr

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Steven Jamar
cla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Steven Jamar > *Sent:* Thursday, December 17, 2009 12:38 PM > > *To:* Law & Religion issues for Law Academics > *Subject:* Re: FW from Chip Lupu: Elane Photography > > > > true. but why is compelling sta

RE: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Mark Tushnet
rom: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Thursday, December 17, 2009 12:35 PM To: Law & Religion issues for Law Academics Subject: Re: FW from Chip Lupu: Elane Photography What if it were not a wedding ceremony (legally

RE: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Volokh, Eugene
interest is so compelling. Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Mark Tushnet Sent: Thursday, December 17, 2009 2:57 PM To: Law & Religion issues for Law Academics; Law & Religion issues for Law Academics Subject: RE: FW from