Whatever the current law in NY is, this doesn't change it. So if a
religious organization owns and operates an assisted living facility, and it
excludes occupants on religious grounds, and it preaches against same-sex
intimacy, it probably would be free to exclude same-sex partners. Their
It would be interesting if a gay marriage law made it easier for landlords to
discriminate than before. Especially given how much non-religious property
many religious entities own.
Marci
Sent from my Verizon Wireless BlackBerry
-Original Message-
From: Ira Lupu icl...@law.gwu.edu
A very small, peripheral point: Chip writes that under current NY law, if
a religious organization owns and operates an assisted living facility, and
it excludes occupants on religious grounds, and it preaches against same-sex
intimacy, it probably would be free to exclude same-sex partners.
I
Marty,
Are you suggesting there is no religious tenet component to the title Vii
exemption? It is just on religious identity? And if a tenet component? How does
it apply to this question?
David
Sent from my iPhone
On Jun 26, 2011, at 2:24 PM, Marty Lederman
Query: Can Orthodox Jews who run assisted living facilities deny that Reform
or Conservative Jews are co-religionists (because, among other things, they
ordain gays and lesbians and allow same-sex marriage), or are they stuck with
us, whether they like it or not?
sandy
From:
David: Good question. Let's stick to title VII, because (i) it's the
statute with which we're most familiar; (ii) it has been the subject of the
most litigation; and (iii) other state, local and federal religious
exemptions could take a thousand different forms, some of which might, e.g.,
exempt
Surely they must be able to - just as Lutherans could decide
who's really Protestant enough for them, or Christians can decide that Mormons
aren't really Christians - since otherwise secular courts would have to decide
the true boundaries of Judaism, which I take it that they
Eugene has to be right on this. Surely a Jewish organization can refuse to hire
members of Jews for Jesus, no matter how much they insist that they are Jewish.
On the other thread about religious identity and the tenets of religious
belief, I assumed that a private religious group permitted to
Just looked it up -- section 6 of the current bill (H.R. 1397) would provide
simply that [t]his Act shall not apply to a corporation, association,
educational institution, or society that is exempt from the religious
discrimination provisions of title VII of the Civil Rights Acts of 1964
pursuant
The new New York same-sex marriage bill has several different-- and apparently
hastily drafted--exemptions. One merely preserves the existing exemption in NY
Executive Law Sec. 296. Sec 296 provides:
Nothing contained in this section shall be construed to bar any
religious or
The discussion of bans on sexual orientation discrimination suggests that it's
important what one analogizes sexual orientation to. Obviously, opponents of
such discrimination bans analogize it to discrimination based on nonreligious
personal conduct, which generally (though not in all states)
Howard-- You say one merely preserves the existing exemption Do you know
if that provision was ever used by a religious organization to
refuse to rent to homosexuals in an apartment building owned by a religious
institution but not otherwise devoted to religious use?
I've never seen this
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