Catholic Charities Issue

[Douglas Laycock]

I said years ago, in a piece on Bob Jones, that when the religious
sector takes over too large a percentage of a public function (a rare
event but not impossible) it should lose its right to exemption and
become subject to nondiscrimination rules.


Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
   512-232-1341 (phone)
   512-471-6988 (fax)

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Mark Graber
Sent: Tuesday, March 21, 2006 12:54 PM
To: religionlaw at lists.ucla.edu
Subject: RE: Catholic Charities Issue

I'm getting confused by this thread.  Last time I looked, Doug Laycock
was not regarded as one of the central legal thinkers for the religious
right.  No doubt he has some positions that are similar.  I also agree
with the Pope that the death penalty is inconsistent with human dignity.
 Does not make me a Catholic.

But I would like to hear Doug elaborate a little more on the
public/private distinction.  Consider the following hypothetical, which
may or may not be incredibly unrealistic.  The CYO runs a basketball
league, open to all children 5-18, but all coaches must be Catholic. 
There is no law preventing anyone else from running a basketball league,
but because a very high percentage of the community is Catholic, doing
so is practically impossible.  If, however, the CYO were to fold, a more
inclusive basketball league would develop.  On these set of facts, may
the town require the CYO to use otherwise qualified non-Catholic
coaches?

MAG

>>> mnewsom at law.howard.edu 3/21/2006 1:46:08 PM >>>
But the Religious Right wants far more than the "right to live their own
lives in their faith, and to run their own institutions."  They want to
"manage" the lives of others whom, for religious reasons, they believe
are sinners.  

 

I agree with Alan and Marty on this one.

  _____  


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