Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Michael Worley
I understand prof. Levison to be saying that no one in Hobby Lobby had its mind changed on an issue because of the Court's opinion. While that is true, and may well have been true in Dred Scott, many other cases would have said his point better (*Roe v. Wade* would be another example of many). The

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Levinson, Sanford V
Please substitute the words "no readers" for "new readers" in the missive below. My apologies for the error. Sandy Sent from my iPhone On Mar 28, 2015, at 4:43 PM, Levinson, Sanford V mailto:slevin...@law.utexas.edu>> wrote: I'm afraid that what the state RFRA legislation is doing is encourag

RE: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Levinson, Sanford V
I'm afraid that what the state RFRA legislation is doing is encouraging, on the part of its supporters, an extravagant view of "religious liberty" (just read some of the material in the Austin, TX newspapers) that will then breed anger and frustration when "liberal" and "secular" judges interpre

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Steven Jamar
I know there are those who think the Indiana RFRA only protects religious adherents through an exemption or exception-based regime. But that is not how everyone will understand it. Some will think of it as a license to discriminate: http://thinkprogress.org/lgbt/2015/03/28/3640221/indiana-bus

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Scarberry, Mark
If I recall correctly, several years ago there was a suit against a church in San Francisco for firing an organist (who helps lead a congregation in worship as he or she plays sacred music), an organist who was, as I recall, a sexually active gay man. What about the small Christian bookstore lik

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Michael Worley
Which is sad, as Utah is not unique. It demeans the millions of people who believe like many Utahans do, and live like they do. On Sat, Mar 28, 2015 at 9:40 AM, Douglas Laycock wrote: > True. And as soon as it was done, they all said it's a terrible bill, the > deal is unique to Utah, and it's

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Douglas Laycock
True. And as soon as it was done, they all said it's a terrible bill, the deal is unique to Utah, and it's no model for anywhere else. On Sat, 28 Mar 2015 09:29:41 -0600 Michael Worley wrote: >To clarify, the Human Rights Campaign, the ACLU and Equality Utah all >endorsed the main Utah bill, SB

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Michael Worley
To clarify, the Human Rights Campaign, the ACLU and Equality Utah all endorsed the main Utah bill, SB 296. http://www.hrc.org/blog/entry/after-gop-legislature-passes-s.b.-296-governor-to-sign-key-protections-for http://www.hrc.org/blog/entry/a-night-to-celebrate-in-utah On Sat, Mar 28, 2015 at 9:

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Douglas Laycock
The demand for a total carve out of all civil rights claims goes back to the debates on the (never enacted) Religious Liberty Protection Act in the late 90s. What was said at length then is still true today, Antidiscrimination laws generally serve compelling government interests, and to the ext

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Douglas Laycock
Of course those quotes are real. Part of the problem here is conservative legislators and activists pandering to the base and promising things they can't deliver. The fact remains that such cases are not arising (I know of only one, thirty years ago in Minnesota) and that no one has ever won a

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread James Oleske
"no one is talking about discrimination against gay and lesbian people as such" That assertion is simply incorrect. In opposing ENDA, the Family Research Council complained that, under it, "[y]ou can’t decline to hire a homosexual for religious reasons." Similarly, in opposing the recent Utah leg