Re: FYI An Interesting Case

2004-04-11 Thread Paul Finkelman
Rick: If you were confronted with hard scientific evidence that people who choose same sex partners are biologically/chemically inclined to such partners, and that it is no more a matter of "choice" then it is for a straight person to choose an opposite sex partner, would you still conclude

Re: FYI An Interesting Case

2004-04-11 Thread FRAP428
Needless to says the subject of gay marriage has come up in my courses (the subject of sexual harassment of gay students and teachers and discrimination based on sexual orientation, generally, the employment of public school teachers, and the formation of gay-lesbian clubs where a school has

RE: FYI An Interesting Case

2004-04-11 Thread Rick Duncan
Duncan [mailto:[EMAIL PROTECTED] Sent: Friday, April 09, 2004 11:23 AM To: Law Religion issues for Law Academics Subject: RE: FYI An Interesting Case --- Newsom Michael [EMAIL PROTECTED] wrote: No, I didn't miss the point. The employee's religious beliefs prevent him from affirming

Re: FYI An Interesting Case

2004-04-11 Thread Marty Lederman
the flame-wars . . . - Original Message - From: Rick Duncan [EMAIL PROTECTED] To: Law Religion issues for Law Academics [EMAIL PROTECTED] Sent: Sunday, April 11, 2004 9:42 PM Subject: RE: FYI An Interesting Case Michael: You are so full of hatred. Just read what you wrote. Best

RE: FYI An Interesting Case

2004-04-09 Thread Rick Duncan
--- Newsom Michael [EMAIL PROTECTED] wrote: No, I didn't miss the point. The employee's religious beliefs prevent him from affirming the value of gay people. I call that homophobia. It sounds like your ideological beliefs prevent you from affirming the value of Christians who believe that

Re: FYI An Interesting Case

2004-04-09 Thread Francis Beckwith
One could say, in response to Michael, that his beliefs prevent him from affirming the value of homophobes. Of course, he thinks that judging homosexuality as immoral is a mistaken point of view, a disorder one may say. But I don't recall ever coming across the argument that establishes the

Re: FYI An Interesting Case

2004-04-08 Thread A.E. Brownstein
Yes. That's why the decision challenging ATT's pledge was correct -- but that does not mean that companies are limited to prohibiting harassment and discrimination. There is some distance on the continuum of workplace rules between valuing other people's lifestyles and agreeing not to

Re: FYI An Interesting Case

2004-04-08 Thread DavidEBernstein
I'm ambivalent about this case. On the one hand, I think that ATT should be able to enforce a "progressive" antidiscrimination policy if it so desires, without special accommodations for religious employees.The same conservatives who are againstrequiringor even allowing private companiesto

Re: FYI An Interesting Case

2004-04-08 Thread Michael MASINTER
I think it's pretty clear that ATT is free to implement a progressive antidiscrimination policy that encompasses the protection of its gay and lesbian employees over the objections of its religious employees, and that it need not accommodate them by exempting them from that policy. See

Re: FYI An Interesting Case

2004-04-08 Thread Amar D. Sarwal
] To: Law Religion issues for Law Academics [EMAIL PROTECTED] Sent: Thursday, April 08, 2004 2:26 PM Subject: Re: FYI An Interesting Case What is between valuing other people's lifestyles and not discriminat[ing] against them because they are gay? Putting aside one's feelings about a person's sexual

Re: FYI An Interesting Case

2004-04-08 Thread Alan Leigh Armstrong
I think it's pretty clear that ATT is free to implement a progressive antidiscrimination policy that encompasses the protection of its gay and lesbian employees over the objections of its religious employees, and that it need not accommodate them by exempting them from that policy. See Peterson

Re: FYI An Interesting Case

2004-04-08 Thread Michael MASINTER
Title VII already obliges an employer to protect employees from religious discrimination, and more particularly religiously motivated harassment to the same extent that it must protect employees from sexual harassment -- if the harassment is by a supervisor and causes a tangible employment effect,

Re: FYI An Interesting Case

2004-04-08 Thread Alan Leigh Armstrong
: Wednesday, April 07, 2004 3:48 PM To: Law Religion issues for Law Academics Subject: Re: FYI An Interesting Case I think you're missing the point. The gentleman was not homophobic. He just had no interest in affirming values with which he disagreed. A related example: I am not anti-Muslim

Re: FYI An Interesting Case

2004-04-08 Thread JMHACLJ
In a message dated 4/8/2004 8:13:40 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: To be clear, my understanding of the term homophobe is one who hates homosexuals. I don't think this gentleman qualifies. And herein lies the rub for those who think that the language should mean something:

Re: FYI An Interesting Case

2004-04-07 Thread Douglas Laycock
It is progressive to require people not to discriminate or harass. It is not progressive to require people to swear loyalty oaths or swear fealty to other people's values. The Colorado case appears to be about the difference. In the Pledge case, it is progressives who are

RE: FYI An Interesting Case

2004-04-07 Thread Newsom Michael
PROTECTED] Sent: Wednesday, April 07, 2004 2:52 PM To: [EMAIL PROTECTED] Subject: FYI An Interesting Case Importance: High Rick Duncan has sent you an article from The Washington Times. Rick Duncan's comments: --- WORKER OPPOSED TO GAYS WINS

Re: FYI An Interesting Case

2004-04-07 Thread Nathan Oman
Doug, I was hoping that progressive here would be a neutral phrase. Perhaps there is a better label, I am just not sure what it is. I don't want to use the word liberal because I like to reserve that term for philosophical purposes -- e.g. liberal v. communitarian -- rather than succomb to

Re: FYI An Interesting Case

2004-04-07 Thread JMHACLJ
In a message dated 4/7/2004 3:54:42 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: BTW, it seems to me that having the state require an oath and having ATT require an oath are different sorts of things. The state has more guns than ATT does. Of course, the State, at least since Barnette,