Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread Michael Peabody
Greetings, Please forgive me if this has been addressed before, but I have been wondering if the Supreme Court could be working to protect both the emerging right of same-sex couples to marry and the rights of wedding vendors who oppose same-sex marriage on religious grounds. On one hand, this

Re: Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread Ira Lupu
Many states do not have a RFRA. Discrimination by vendors cannot violate Title VII, because it protects only those in the employment relationship. Some states outlaw discrimination by vendors against LGBT people, but there are very few states that do that and also have a RFRA. So these questions

RE: Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread Douglas Laycock
Some states without RFRAs have religious exceptions written into their gay-rights laws. These are quite varied, but on the whole, they will mostly protect some of the religious non-profits. Few of them – maybe none of them -- will protect small business. Pretty much all states have

Re: Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread Steven Jamar
Don’t some public accomodations laws reach vendors — even though employment discrimination laws don’t? I don’t know that the federal law does, but surely some states’ laws do. On Oct 9, 2014, at 6:01 PM, Michael Peabody peabody...@gmail.com wrote: Greetings, Please forgive me if this has

Re: Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread Ira Lupu
The federal law of nondiscrimination in public accommodations covers hotels and restaurants (which may be wedding vendors), but it does not outlaw discrimination based on LGBT status, or even discrimination based on sex (it is limited to race, color, religion, and national origin). I believe that

Re: Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread James Oleske
One caveat to the observations both Chip and Doug have made about the situation in the 29 states that have not extended their public accommodations laws to prohibit discrimination on the basis of sexual orientation. While one would not expect claims against wedding vendors to arise under state law