RE: The racist prostitute hypothetical

2015-02-16 Thread Volokh, Eugene
. Eugene > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Will Linden > Sent: Monday, February 16, 2015 1:54 PM > To: Law & Religion issues for Law Academics > Subject: RE: The racist p

RE: The racist prostitute hypothetical

2015-02-16 Thread Will Linden
Maybe I am missing something but would not the choice of who to engage in sex with come under the "right of privacy" doctrine iniitiated by Griswold? ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change option

RE: The racist prostitute hypothetical

2015-02-15 Thread Volokh, Eugene
lists.ucla.edu] On Behalf Of Graber, Mark > Sent: Sunday, February 15, 2015 5:27 PM > To: Law & Religion issues for Law Academics > Subject: RE: The racist prostitute hypothetical > > Dear All: > > This goes back in time a bit, but I have had a busy weekend and wanted to >

Re: The racist prostitute hypothetical

2015-02-15 Thread James Oleske
aw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *James Oleske > *Sent:* Sunday, February 15, 2015 6:20 PM > *To:* Law & Religion issues for Law Academics > *Subject:* Re: The racist prostitute hypothetical > > > > Sorry -- I hit "s

RE: The racist prostitute hypothetical

2015-02-15 Thread Brad Pardee
t free exercise under any definition that has any meaning. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of James Oleske Sent: Sunday, February 15, 2015 6:20 PM To: Law & Religion issues for Law Academics Subject: Re: The racist prostitute hypothet

Re: The racist prostitute hypothetical

2015-02-15 Thread seanwilsonorg
... thanks for that. It's an interesting distinction. Sent from my iPad > On Feb 15, 2015, at 8:26 PM, Graber, Mark wrote: > > Dear All: > > This goes back in time a bit, but I have had a busy weekend and wanted to > respond to those who wondered why I think the racist prostitute should be >

Re: The racist prostitute hypothetical

2015-02-15 Thread K Chen
Mark, Do I take you to mean that not only do you not distinguish between services once they have been placed into the stream of commerce, you do not distinguish between services and goods? -K On Sun, Feb 15, 2015 at 8:26 PM, Graber, Mark wrote: > Dear All: > > This goes back in time a bit, but

RE: The racist prostitute hypothetical

2015-02-15 Thread Graber, Mark
Dear All: This goes back in time a bit, but I have had a busy weekend and wanted to respond to those who wondered why I think the racist prostitute should be subject to anti-discrimination laws. One feature of several rights is that we do not allow people to commodify them, or at least commodi

Re: The racist prostitute hypothetical

2015-02-15 Thread James Oleske
he basis of the exercise in question. In my >> opinion, the reason why I think Employment Division v Smith ranks right up >> with Dred Scott v Sandford among the worst decisions the Supreme Court has >> ever issued. >> >> >> >> *From:* religionlaw-boun...@lists

Re: The racist prostitute hypothetical

2015-02-15 Thread James Oleske
> > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *James Oleske > *Sent:* Saturday, February 14, 2015 10:25 PM > *To:* Law & Religion issues for Law Academics > *Subject:* Re: The racist prostitute hypothetical

RE: The racist prostitute hypothetical

2015-02-15 Thread Brad Pardee
eme Court has ever issued. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of James Oleske Sent: Saturday, February 14, 2015 10:25 PM To: Law & Religion issues for Law Academics Subject: Re: The racist prostitute hypothetical Brad writes:

RE: The racist prostitute hypothetical

2015-02-15 Thread Brad Pardee
Finkelman, Paul Sent: Saturday, February 14, 2015 9:59 PM To: Law & Religion issues for Law Academics Subject: RE: The racist prostitute hypothetical Brad: Tell me why is the wedding cake which I pick up at your bakery and take to my wedding any different than the rental tux I pick up, th

Re: The racist prostitute hypothetical

2015-02-15 Thread K Chen
ionlaw-boun...@lists.ucla.edu] *On Behalf Of *K Chen > *Sent:* Sunday, February 15, 2015 7:53 AM > *To:* Law & Religion issues for Law Academics > *Subject:* Re: The racist prostitute hypothetical > > > > Then we simply postulate that the objection is stated, sincerely,

RE: The racist prostitute hypothetical

2015-02-15 Thread Volokh, Eugene
Sent: Sunday, February 15, 2015 7:53 AM To: Law & Religion issues for Law Academics Subject: Re: The racist prostitute hypothetical Then we simply postulate that the objection is stated, sincerely, to be on the objector's religious beliefs. No race, no mere cosmetics, but a deeply held

Re: The racist prostitute hypothetical

2015-02-15 Thread K Chen
mp; Religion issues for Law Academics > *Subject:* RE: The racist prostitute hypothetical > > > > > Brad you said: > > "The problem with comparing a same sex wedding with an interracial wedding > is that the color of a person's skin is no different than the colo

Re: The racist prostitute hypothetical

2015-02-14 Thread James Oleske
s in > baseball have gone by the wayside and yet nobody is saying that the players > of the WNBA should just try to make the teams in the NBA. > > > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Hillel Y. Levin

RE: The racist prostitute hypothetical

2015-02-14 Thread Brad Pardee
Academics Subject: RE: The racist prostitute hypothetical Brad you said: "The problem with comparing a same sex wedding with an interracial wedding is that the color of a person's skin is no different than the color of a person's hair or the color of a person's eyes. I

RE: The racist prostitute hypothetical

2015-02-14 Thread Brad Pardee
lto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Hillel Y. Levin Sent: Saturday, February 14, 2015 8:48 PM To: Law & Religion issues for Law Academics Subject: Re: The racist prostitute hypothetical Brad: The distinction you see between same-sex relationships and interracial relationships makes

RE: The racist prostitute hypothetical

2015-02-14 Thread Finkelman, Paul
27;Law & Religion issues for Law Academics' Subject: RE: The racist prostitute hypothetical Let me clearer. There is a difference between saying you won't serve certain people and saying you won't be a participant in a certain event. A wedding cake is part and parcel of the

RE: The racist prostitute hypothetical

2015-02-14 Thread K Chen
; religionlaw-boun...@lists.ucla.edu] *On Behalf Of *James Oleske > *Sent:* Saturday, February 14, 2015 11:27 AM > *To:* Law & Religion issues for Law Academics > *Subject:* Re: The racist prostitute hypothetical > > > > "Refusing to bake a wedding cake for [interraci

Re: The racist prostitute hypothetical

2015-02-14 Thread Hillel Y. Levin
don't think anybody would > say that the difference in genders is a strictly cosmetic distinction. > > > > Brad > > > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *James Oleske > *Sent:* Saturday, Feb

RE: The racist prostitute hypothetical

2015-02-14 Thread Brad Pardee
ould say that the difference in genders is a strictly cosmetic distinction. Brad From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of James Oleske Sent: Saturday, February 14, 2015 11:27 AM To: Law & Religion issues for Law Academic

Re: The racist prostitute hypothetical

2015-02-14 Thread Anthony Decinque
A similar hypothetical (but one more legally plausible in states beyond Nevada) would be a racist surrogate. Someone who offers to carry a child in exchange for money, but only if she approves of the race of the parents. A quick Google search shows that discrimination by surrogates has already be

Re: The racist prostitute hypothetical

2015-02-14 Thread James Oleske
op loving her than I could stop breathing.) > > -Original Message- > From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Graber, Mark > Sent: Saturday, February 14, 2015 4:49 AM > To: Law & Religion issues for Law Academics > Su

RE: The racist prostitute hypothetical

2015-02-14 Thread Volokh, Eugene
> From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Finkelman, Paul > Sent: Saturday, February 14, 2015 8:33 AM > To: Law & Religion issues for Law Academics > Subject: RE: The racist prostitute hypothetical > > One thoug

Re: The racist prostitute hypothetical

2015-02-14 Thread Baer, Judith A
lvania > > 518-439-7296 (p) > 518-605-0296 (c) > > paul.finkel...@albanylaw.edu > www.paulfinkelman.com > * > > > > > From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla

RE: The racist prostitute hypothetical

2015-02-14 Thread Brad Pardee
-- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Graber, Mark Sent: Saturday, February 14, 2015 4:49 AM To: Law & Religion issues for Law Academics Subject: RE: The racist prostitute hypothetical I confess that I get off at the second

RE: The racist prostitute hypothetical

2015-02-14 Thread Finkelman, Paul
ary 14, 2015 12:01 AM To: Law & Religion issues for Law Academics (religionlaw@lists.ucla.edu) Subject: The racist prostitute hypothetical 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.

RE: The racist prostitute hypothetical

2015-02-14 Thread Graber, Mark
ay, February 14, 2015 12:01 AM To: Law & Religion issues for Law Academics (religionlaw@lists.ucla.edu) Subject: The racist prostitute hypothetical 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 helpfu

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