Here is my question-- why would anyone care about a "takeover"? Wouldn't that just mean that a majority of the members voted in a different slate of leaders? It's not like a dissenter could come in and singlehandedly takeover a group, is it? They have to be chosen by a majority. Then if the group takes a turn some don't like, the minority starts their own new group, right?? Isn't that what happens everyday with groups of people? And in particular religious groups? There is even a term for it -- schism. But you don't even need a full-out schism to see this happen in religious groups, where a congregation will love a pastor but then some start disliking his/her sermons or priorities, and switch over to another congregation, or start a new congregation, or agitate for a new pastor. Isn't that the American way of a marketplace in ideas and religion? So why does CLS or any other group need protection from the possibility that "outsiders" will take them over? If the CLS leaders are so weak that those with different views can take over, they can form a whole new group. So just how does the all-comers rule disadvantage CLS? I think this need for protection against takeovers is just a pretense for the intent to discriminate on the basis of sexual orientation. Marci In a message dated 5/12/2010 9:21:14 P.M. Eastern Daylight Time, mark.scarbe...@pepperdine.edu writes:
In any event, I think those who argue that an all comers rule is OK because takeovers are unlikely would in effect be relying on a pattern or practice of groups choosing leaders based on their views. Usually a pattern or practice is somewhat equivalent to a rule, where antidiscrimination principles are at stake. Thus in a sense CLS is being denied benefits in part because of its honesty in admitting what its members will do, and the all comers rule is supported because groups will in fact engage in discrimination, though perhaps not by way of formal rules. Mark Scarberry Pepperdine
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
