http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html The Law, the Universe, and Everything Tue, 14 Feb 2012 14:44:18 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-65384 Blawg Review #211 | HIPAA Compliance News Tue, 08 Sep 2009 01:40:40 +0000 http://www.solove.org/?p=15054#comment-65384 [...] across the nation.  My Constitutional Law professor, Ira Lupu (Hi, Chip!) wrote this week at Concurring Opinions that political compromise through legislation is the way to go when it comes to recognition of [...] [...] across the nation.  My Constitutional Law professor, Ira Lupu (Hi, Chip!) wrote this week at Concurring Opinions that political compromise through legislation is the way to go when it comes to recognition of [...]

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-64324 Chip Lupu Mon, 29 Jun 2009 17:17:54 +0000 http://www.solove.org/?p=15054#comment-64324 Your premise is faulty. Under federal law (1964 Civil Rights Act), restaurants and hotels may not refuse service based on race, color, or religion. Under the law of 20-plus states, though not all states, businesses engaged in for-profit provision of goods or services, open to the general public, are subject to similar restrictions, and the prohibited grounds of discrimination include sexual orientation as well as race, religion, gender, etc.. It was that sort of law (in New Mexico) of which the wedding photographer ran afoul. Your premise is faulty. Under federal law (1964 Civil Rights Act), restaurants and hotels may not refuse service based on race, color, or religion. Under the law of 20-plus states, though not all states, businesses engaged in for-profit provision of goods or services, open to the general public, are subject to similar restrictions, and the prohibited grounds of discrimination include sexual orientation as well as race, religion, gender, etc.. It was that sort of law (in New Mexico) of which the wedding photographer ran afoul.

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-64323 Jerry lupu Mon, 29 Jun 2009 17:07:36 +0000 http://www.solove.org/?p=15054#comment-64323 It is my understanding that a general provider of goods or services, without any religious affiliation, has the freedom to refuse transacting their goods and services to anyone without offering a reason. For example, I am under the impression that stores, restaurants, etc. are permitted to exercise such a freedom. Perhaps my basic premise is faulty. The example of the wedding photographer's choice to refuse an assignment involving a gay marriage is what brouht this to mind. Thank you. It is my understanding that a general provider of goods
or services, without any religious affiliation, has the freedom to refuse transacting their goods and services to
anyone without offering a reason. For example, I am under
the impression that stores, restaurants, etc. are permitted
to exercise such a freedom. Perhaps my basic premise is
faulty. The example of the wedding photographer’s choice
to refuse an assignment involving a gay marriage is what
brouht this to mind.
Thank you.

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-63360 Gay Marriage & Religious Liberty « Random Musings of a Deranged Mind Wed, 13 May 2009 01:36:44 +0000 http://www.solove.org/?p=15054#comment-63360 [...] Lupu [...] [...] Lupu [...]

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-63252 Notes From All Over - for week ended May 9 | Times & Seasons, An Onymous Mormon Blog Sat, 09 May 2009 13:59:06 +0000 http://www.solove.org/?p=15054#comment-63252 [...] The Blossoming Union of Same-Sex Marriage and Religious Freedom [...] [...] The Blossoming Union of Same-Sex Marriage and Religious Freedom [...]

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-63167 May 7 roundup Thu, 07 May 2009 12:09:36 +0000 http://www.solove.org/?p=15054#comment-63167 [...] exemptions into antibias laws [Robin Wilson, L.A. Times; Dale Carpenter series at Volokh; Ira Lupu, ConcurOp via Orin [...] [...] exemptions into antibias laws [Robin Wilson, L.A. Times; Dale Carpenter series at Volokh; Ira Lupu, ConcurOp via Orin [...]

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-63166 Reconciliation Impossible « Federal Way Conservative Thu, 07 May 2009 06:36:21 +0000 http://www.solove.org/?p=15054#comment-63166 [...] effort, a way to allow us to be religious while they sin with the protection of the law. (link) This is not [...] [...] effort, a way to allow us to be religious while they sin with the protection of the law. (link) This is not [...]

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-63135 Chip Lupu Wed, 06 May 2009 14:34:32 +0000 http://www.solove.org/?p=15054#comment-63135 No quick answer to that good question. The section of federal DOMA that refuses federal recognition to same-sex marriages legal where contracted has always been constitutionally vulnerable. You are right that more states acting to legalize gay marriage will make it more so. Per usual, Anthony Kennedy is the one to watch on this one, and I predict that he would vote to invalidate this part of DOMA. No quick answer to that good question. The section of federal DOMA that refuses federal recognition to same-sex marriages legal where contracted has always been constitutionally vulnerable. You are right that more states acting to legalize gay marriage will make it more so. Per usual, Anthony Kennedy is the one to watch on this one, and I predict that he would vote to invalidate this part of DOMA.

]]> http://www.concurringopinions.com/archives/2009/05/the-blossoming-union-of-same-sex-marriage-and-religious-freedom.html/comment-page-1#comment-63133 Marc Wed, 06 May 2009 13:56:18 +0000 http://www.solove.org/?p=15054#comment-63133 Fantastic post. Quick question. As more states legalize gay marriage and more litigation involving the "Defense of Marriage Act" inevitably springs up, what do you think the odds are of the Act withstanding increased scrutiny on judicial review? Fantastic post. Quick question. As more states legalize gay marriage and more litigation involving the “Defense of Marriage Act” inevitably springs up, what do you think the odds are of the Act withstanding increased scrutiny on judicial review?

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