Same-sex marriage and religious exemptions

[hamilton02 at aol.com]

Boerne only makes the deal harder to strike if one assumes the federal government should drive social policy in every state from Washington DC and only if one is inclined to engage in blind lawmaking that operates at an abstract level without reference to facts.  All Congress could do here is foreclose the 50 state experiment in finding the right balance for everyone.
In light of history, it is patently ridiculous to argue that it is ever too late for religious exemptions in this country.  Religious entities have both political access and power disproportionate to their numbers even if they do not win every single request they make.  J Scalia was empirically correct when he said in Smith that the American legislative system is inclined toward exemptions.  
Marci
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: Douglas Laycock <laycockd at umich.edu>

Date: Fri, 10 Apr 2009 10:51:08 
To: <religionlaw at lists.ucla.edu>
Subject: Same-sex marriage and religious exemptions


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