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Full-Text Articles in Law
Public Accommodation Statutes And Sexual Orientation: Should There Be A Religious Exemption For Secular Businesses?, Lucien J. Dhooge
Public Accommodation Statutes And Sexual Orientation: Should There Be A Religious Exemption For Secular Businesses?, Lucien J. Dhooge
William & Mary Journal of Race, Gender, and Social Justice
This Article examines the issue of whether there should be a religious exemption for secular businesses from public accommodation statutes that protect prospective patrons from discrimination on the basis of sexual orientation. The Article examines this issue in the context of protecting free exercise of religion versus offering services to all members of the public equally and without distinction. The Article concludes that the perceived threat to religious liberty posed by such statutes is exaggerated, that the consequences of granting exemptions would be harmful, and that state-sanctioned discrimination is contrary to the fundamental principles of justice and equality underlying the …
Medical Conscience And The Policing Of Parenthood, Richard F. Storrow
Medical Conscience And The Policing Of Parenthood, Richard F. Storrow
William & Mary Journal of Race, Gender, and Social Justice
As state and local anti-discrimination provisions become more and more comprehensive, physicians who refuse to treat patients for reasons of sexual orientation or marital status are beginning to face legal liability. Increasingly, physicians are invoking codes of medical ethics alongside more familiar constitutional law claims in support of their claim to insulation from legal liability. This Article explores what medical ethics has to say about physicians who, for sincerely held religious reasons, refuse to treat patients for reasons of sexual orientation or marital status. The issue is explored through the lens of a case recently decided by the California Supreme …
Virginia Is For (Lovers) Business Owners Who Feel The Human Rights Commission Poses A Threat To Their Religious Liberties, Sarah Miller
Virginia Is For (Lovers) Business Owners Who Feel The Human Rights Commission Poses A Threat To Their Religious Liberties, Sarah Miller
William & Mary Journal of Race, Gender, and Social Justice
In November 1992, the Arlington County Board voted to add "sexual orientation" to the group of classes protected under its antidiscrimination policy. When a store owner was sued for violating this policy in 2006, he countersued, claiming that Arlington did not have the power to enact such a policy. His claim was based on the existence of a strongly state-centered power hierarchy unique to a very small minority of states, including Virginia, laid out in the Dillon Rule. Virginia's use of the Dillon Rule basically cripples its municipal corporations by injecting uncertainty into the process of enacting local legislation and …
Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton
Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton
William & Mary Journal of Race, Gender, and Social Justice
An examination of the protections afforded to religious institutions in their hiring decisions. Both § 702 of the Civil Rights Act and the judicially created ministerial exception allow churches to use criteria that other employers are not permitted to use under the law when making hiring decisions. Beginning with McClure v. Salvation Army, courts have slowly expanded the scope of these protections, leading up to the recent case of Petruska v. Gannon University. Petruska provides an example of the extent to which a broad reading of § 702 and the ministerial exception can harm religious workers. The opinion of Judge …
The Free Exercise Of Discrimination: Religious Liberty, Civic Community And Women's Equality, Gila Stopler
The Free Exercise Of Discrimination: Religious Liberty, Civic Community And Women's Equality, Gila Stopler
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.