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Articles 1 - 6 of 6
Full-Text Articles in Religion Law
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
Northwestern University Law Review
The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Law Faculty Scholarship
This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …
Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin
Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan
Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan
Loyola of Los Angeles Law Review
Should bakers be required to make cakes for same-sex weddings? This Article unravels the eclectic arguments that are offered in support of a religious exemption from serving gay customers in the wake of Obergefell.
Preliminary issues first consider invocations of a libertarian right to exclude. Rather than being part of our concept of liberty, this right to exclude from commercial premises is a new rule devised to prevent African Americans from participating in free society. Instead of expanding this racist rule to likewise bar gays from the marketplace, it should be reset to the antebellum standard of free access …