Stanley M. Morris
smmorris at RMII.COM
Tue Aug 11 16:14:49 PDT 1998
While understanding Prof. Maule's well taken point, I can feel the
nostalgia for the pleasures of honoring certain groups. I am reminded of
the case of Keystone Ski Area which offered a midweek "Ladies Day" . Some
young lawyer, apparently over-impressed with himself, filed suit to have a
"Men's Day required. Keystone did not respond to the lawsuit right away.
Instead they canceled the promotion and everyone pays the same.
Admittedly, the rules for religion and gender differ, but since a variety
of promotional days exist, I really have a hard time overcoming the
absolutist positions of some of the posts. Somehow it seems that a belief
based system presents a hurdle that some would not wish to see overcome.
*Burton*, as I recall, was aimed at status based discrimination. Even then,
the Court left an out if insufficient state action could be found. See.
Gallagher v. Neil Young Freedom Concert 49 F3rd 1442 (10th Cir. 1995)
Please educate me. I fail to see the state action and why these acts *must*
At 02:02 PM 8/10/98 EST,Jim Maule wrote:
>Suppose this right to discriminate (in housing, employment, ball game
>attendance, whatever) is acknowledged. Won't like kind seek like
>kind? Will we end up with a Mormon Utah, a Quaker Pennsylvania, a
>Christian Maryland, a Roman Catholic Illinois, a Buddhist Arkansas, a
>Muslim Nevada, a Congregationalist Vermont? After all, once the
>atheist purchases the local grocery store chain, where's the owner of
>the Suns going to buy food when only atheists are allowed to shop
>there? Either someone moves away, there is a battle of some kind, or
>tolerance and communication prevail. Wouldn't geographic
>fragmentation lead to the breakup of a nation (practically or de
>jure) into small feudal fiefdoms characterized by homogeneous
>religious character? Been there, done that? How long until Aphroditic
>Virginia decides it must purge the world of the Zeusesque North
>Carolinians? Been there, still doing that (see the former Yugoslavia).
>So, yes, pick your friends from one religion if you will, worship
>with co-religionists, vacation at your privately owned resort with
>others of your own beliefs. But don't expect to get too many
>invitations from others, not that they may be wanted.
>But theological identity checks at the door to the ballpark, the
>schoolhouse, the courthouse, the airline desk, the hotel desk, the
>toll booth, or the non-religious institution employment line must be
>barred. Else some poor fool who believes in something no one else
>likes will starve to death, bleed to death, or be beaten to death. If
>that is what religion brings, it might just get the atheist heart
>Professor of Law
>Villanova University School of Law
>Villanova, PA 19085
>maule at law.vill.edu
>(610) 519 - 7135
>"government big enough to give you everything you want is also big
>enough to take away from you everything you have"
> -- George Herbert Walker Bush
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