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 marital status wouldn't change this. I very much doubt that the organization's power to discriminate extends to investment property. But that's a question of NY Human Rights law, and perhaps someone can enlighten on those details. The important point about the the same-sex marriage law is that it appears to leave that power to discriminate (whatever its scope) undisturbed.
On Sat, Jun 25, 2011 at 4:49 PM, <hamilto...@aol.com> wrote: > How do folks read the "rental of housing" language? What if a religious > organization owns rental property as an investment--does this mean they can > reject gay partners even if the property is not otherwise used for religious > purposes? > Does this differ from current law? > > Marci > > > Marci A. Hamilton > Paul R. Verkuil Chair in Public Law > Benjamin N. Cardozo School of Law > Yeshiva University > > Sent from my Verizon Wireless BlackBerry > > -----Original Message----- > From: Marty Lederman <lederman.ma...@gmail.com> > Sender: religionlaw-boun...@lists.ucla.edu > Date: Sat, 25 Jun 2011 16:24:50 > To: Law & Religion issues for Law Academics<religionlaw@lists.ucla.edu> > Reply-To: Law & Religion issues for Law Academics < > religionlaw@lists.ucla.edu> > Subject: Re: The religious exemptions in the new NY same-sex marriage law > > _______________________________________________ > 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. > _______________________________________________ > 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. > -- Ira C. Lupu F. Elwood & Eleanor Davis Professor of Law George Washington University Law School 2000 H St., NW Washington, DC 20052 (202)994-7053 My SSRN papers are here: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
_______________________________________________ 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.
