(fwd from Marty Lederman) re: discrimination

[Marci Hamilton]

Marty Lederman's analysis of the discrimination issue strikes me as correct,
especially in his refusal to credit discrimination based on religious grounds
as necessarily benign.  The Aryan Brotherhood don't strike me as a group
practicing a form of benign discrimination, for example.

But his statements do lead me to wonder about the Administration's position on
RLPA and its capacity to trump antidiscrimination laws.  On Marty's reasoning,
it would make sense to exempt the antidiscrimination laws from RLPA.

Now that the DOJ has vetted RLPA for the House, do we know whether the
Administration (or the DOJ) would be willing to exempt the antidiscrimination
laws from RLPA?

Marci Hamilton
Benjamin N. Cardozo School of Law
55 Fifth Avenue
New York, NY   10003
(212) 790-0215
(212) 790-0205 (fax)
hamilton02 at aol.com