FW from Chip Lupu: Elane Photography

[Steven Jamar]

Ok.  Out of the Constitution, into the statute.  Fair enough.

But that is not a 1st amendment argument, of course.

Steve


On Thu, Dec 17, 2009 at 3:40 PM, Volokh, Eugene <VOLOKH at law.ucla.edu> wrote:

>              Because the New Mexico RFRA says so.
>
>
>
> *From:* religionlaw-bounces at lists.ucla.edu [mailto:
> religionlaw-bounces at lists.ucla.edu] *On Behalf Of *Steven Jamar
> *Sent:* Thursday, December 17, 2009 12:38 PM
>
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: FW from Chip Lupu: Elane Photography
>
>
>
> true.  but why is compelling state interest the standard here?
>
>
>
> I don't think SCt 1st amendment jurisprudence in cutting edge cases is
> coherent such that we can be confident of anything.  that is, mushy
> principles will be trotted out to resolve it, not hard-edged rules and
> existing standards of review.
>
>
>
> the court does this all the time -- Rosenberger, Summum, secondary effects,
> hate speech enhanced penalties, etc.
>
>
>
> Steve
>
>
>
> On Thu, Dec 17, 2009 at 3:32 PM, Douglas Laycock <laycockd at umich.edu>
> wrote:
>
> The state's pervasive discrimination against same-sex relationships makes
> mincemeat of its claim that it has a compelling interest in prohibiting all
> private discrimination against same-sex relationships.
>
>
>
> Quoting "Volokh, Eugene" <VOLOKH at law.ucla.edu>:
>
> >
> >
> > -----Original Message-----
> > From: Ira (Chip) Lupu [mailto:iclupu at law.gwu.edu]
> > Sent: Thursday, December 17, 2009 12:19 PM
> > To: Volokh, Eugene
> > Subject: Elane Photography
> >
> > Eugene:
> >
> > I'm at a computer from which I cannot post to the list.  But here's
> > one question about your compelling interest argument re: New Mexico
> > RFRA  -- What difference does it make that  NM does not legally
> > recognize same-sex marriage?  The claim here is about the refusal of
> > a commercial photographer to perform her offered professional service
> > at a ceremony.  It happens to be a wedding ceremony, but its legal
> > significance (or absence of legal significance) has absolutely
> > nothing to do with the claim.  The state protects gays and lesbians
> > against discrimination in private markets for goods and services, and
> > this claim arises in one of those markets.
> >
> > Chip
> >
> > Ira C. Lupu
> > F. Elwood & Eleanor Davis Professor of Law
> > George Washington University Law School
> > 2000 H St., NW
> > Washington, DC 20052
> > (202)994-7053
> > My SSRN papers are here:
> > http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
> >
> > _______________________________________________
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> >
> >
> >
>
>
>
> Douglas Laycock
> Yale Kamisar Collegiate Professor of Law
> University of Michigan Law School
> 625 S. State St.
> Ann Arbor, MI  48109-1215
>   734-647-9713
>
>
> _______________________________________________
> To post, send message to Religionlaw at lists.ucla.edu
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>
>
>
>
> --
> Prof. Steven Jamar
> Howard University School of Law
> Associate Director, Institute of Intellectual Property and Social Justice
> (IIPSJ) Inc.
>
> _______________________________________________
> To post, send message to Religionlaw at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
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>
> Please note that messages sent to this large list cannot be viewed as
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>



-- 
Prof. Steven Jamar
Howard University School of Law
Associate Director, Institute of Intellectual Property and Social Justice
(IIPSJ) Inc.
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