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Full-Text Articles in Law

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler Feb 2015

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.


Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler Feb 2015

Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler

Laura S. Underkuffler

Recently, claims have been asserted that religious exemptions should be afforded to individuals who object to providing public and commercial services to gay and lesbian individuals, as otherwise mandated by law (e.g., municipal clerks who must grant same-sex marriage licenses, or commercial vendors who are asked to serve at same-sex weddings). This article argues that just as religious exemptions of this sort are not granted for discrimination on the basis of race, religion, national origin, or gender, they should not be granted for discrimination on the basis of sexual orientation or transgender status. Discrimination on the basis of an individual's …


The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler Feb 2015

The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler

Laura S. Underkuffler

In Zelman v. Simmons-Harris, the United States Supreme Court held-by a vote of 5 to 4-that the funding of religious schools with taxpayer money through voucher programs does not violate the Establishment Clause of the United States Constitution. Emboldened by this success, voucher proponents now attack state constitutional provisions (often called "Blaine Amendments") that prohibit taxpayer funding of religious schools. These state provisions, which may stand in the way of religious-school voucher programs, are attacked as violative of the federal Constitution, rooted in anti-religious bias, or otherwise illegal or unwise. It is my view that efforts to force states to …


Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler Feb 2015

Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.


Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler Feb 2015

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.


The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler Feb 2015

The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.


Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler Feb 2015

Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.