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 have no idea what the existing NY religious exemption looks like -- perhaps it simply exempts religious organizations from the antidiscrimination rules for assisted living facilities generally, in which case Chip's example is surely correct. But if, instead, such organizations only have an exemption to favor *coreligionists,* as under title VII -- i.e., in Chip's words, to "exclude occupants on [certain] religious grounds," namely, that they are not coreligionists -- and *if* such an organization permits only its own coreligionists to live in the facilities (unlikely but not inconceivable), then it likely could not exclude same-sex partners who are of the favored religion. The coreligionists exception, that is to say, is not a license to discriminate on the basis of other prohibited criteria (race, sex, sexual orientation, etc.) merely because such discrimination is religiously motivated -- it only permits discrimination in favor of coreligionists. On Sun, Jun 26, 2011 at 10:44 AM, Ira Lupu <[email protected]> wrote: > 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, <[email protected]> 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 <[email protected]> >> Sender: [email protected] >> Date: Sat, 25 Jun 2011 16:24:50 >> To: Law & Religion issues for Law Academics<[email protected]> >> Reply-To: Law & Religion issues for Law Academics < >> [email protected]> >> Subject: Re: The religious exemptions in the new NY same-sex marriage law >> >> _______________________________________________ >> To post, send message to [email protected] >> 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 [email protected] >> 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 [email protected] > 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 [email protected] 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.
