One quibble: In the memo Kagan does not "accept the complicity argument
full-blown--that is, . . . the idea that a religious landlord might
legitimately claim to be morally responsible for the sexual behavior of her
tenants and that RFRA is available for such a claim." She doesn't address
that is
Justice Elena Kagan once took on the issues we've been wrestling
with-RFRA, discrimination, complicity in sexual behavior, and for-profit
businesses. The case was Smith v. FEHC, and it involved a Christian
landlord who refused to rent to an unmarried couple in violation of
California law. The lan
I hope Greg is right about the first category, but many anti-gay advocates want
a blanket exclusion based on their animus toward gays that would cover any
person engaged in business, even Hobby Lobby.
As to the second category — I don’t see those two parts as one category. The
first subcategor
As difficult as the conversation has been at times, I’d like to think we
stumbled toward some better understanding of and empathy for those different
from us, but perhaps I speak only for myself. If we as scholars cannot hold
such a conversation and listen to and struggle in civility with other
