FW: Discrimination against people with religious motivations for their actions

2012-03-15 Thread Paul Diamond
Eugene, My email keeps bouncing; From: Paul Diamond [mailto:pauldiam...@btconnect.com] Sent: 09 March 2012 15:08 To: 'Law Religion issues for Law Academics' Subject: RE: Discrimination against people with religious motivations for their actions With great hesitation, I enter

RE: Discrimination against people with religious motivations for their actions

2012-03-12 Thread Volokh, Eugene
Steve writes that religious motivation matters, for purposes of making an action taken with religious motivation illegal when the same action taken with secular motivation is legal. I see no basis for that in antidiscrimination law, which generally bans discrimination against

RE: Discrimination against people with religious motivations for their actions

2012-03-11 Thread Volokh, Eugene
. Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marc Stern Sent: Wednesday, March 07, 2012 7:01 PM To: 'religionlaw@lists.ucla.edu' Subject: Re: Discrimination against people with religious motivations for their actions Might I suggest

Re: Discrimination against people with religious motivations for their actions

2012-03-08 Thread Marc Stern
Academics religionlaw@lists.ucla.edu Subject: Discrimination against people with religious motivations for their actions I hope it comes as no surprise to anyone on this list that there are irreconcilable doctrinal problems with religious liberty no matter how one looks at it. Religious motivation

Re: Discrimination against people with religious motivations for their actions

2012-03-08 Thread Marci Hamilton
I have to say that I find Steve's analysis more sound and based on common sense. Marci On Mar 7, 2012, at 3:07 PM, Volokh, Eugene vol...@law.ucla.edu wrote: I think the analysis below is mistaken: Whether or not cabbies’ refusal to carry alcohol should be barred by some general

Re: Discrimination against people with religious motivations for their actions

2012-03-08 Thread Steven Jamar
Yes, Eugene, I think you are missing the essential point that common carriers are not the same as other employers and when it comes to choice as to serve or not serve, they are more limited in what they can and cannot do. They are bound by more than non-discrimination laws. Or that is how I

RE: Discrimination against people with religious motivations for their actions

2012-03-08 Thread Volokh, Eugene
PM To: Law Religion issues for Law Academics Subject: Re: Discrimination against people with religious motivations for their actions Yes, Eugene, I think you are missing the essential point that common carriers are not the same as other employers and when it comes to choice as to serve

Discrimination against people with religious motivations for their actions

2012-03-07 Thread Volokh, Eugene
I think the analysis below is mistaken: Whether or not cabbies' refusal to carry alcohol should be barred by some general common-carriage requirement, it shouldn't be treated as religious discrimination. What's more, I think the argument that such a refusal is religious discrimination itself

Re: Discrimination against people with religious motivations for their actions

2012-03-07 Thread Marci Hamilton
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton Sent: Wednesday, March 07, 2012 3:39 PM To: Law Religion issues for Law Academics Cc: Law Religion issues for Law Academics Subject: Re: Discrimination against people with religious motivations for their actions I

RE: Discrimination against people with religious motivations for their actions

2012-03-07 Thread Volokh, Eugene
Religion issues for Law Academics Subject: Re: Discrimination against people with religious motivations for their actions I have to say that I find Steve's analysis more sound and based on common sense. Marci On Mar 7, 2012, at 3:07 PM, Volokh, Eugene vol...@law.ucla.edumailto:vol...@law.ucla.edu

RE: Discrimination against people with religious motivations for their actions

2012-03-07 Thread Volokh, Eugene
: Discrimination against people with religious motivations for their actions I have to say that I find Steve's analysis more sound and based on common sense. Marci On Mar 7, 2012, at 3:07 PM, Volokh, Eugene vol...@law.ucla.edumailto:vol...@law.ucla.edu wrote: I think the analysis below is mistaken

Discrimination against people with religious motivations for their actions

2012-03-07 Thread Steven Jamar
I hope it comes as no surprise to anyone on this list that there are irreconcilable doctrinal problems with religious liberty no matter how one looks at it. Religious motivation matters. Particular facts matter. Details matter. Eugene's hypothetical restaurant is not analogous to the