Thursday, April 2, 2015
Two Items on the State RFRAs Contretemps
First, Professor Doug Laycock has a very good piece/interview at the Religion and Politics Blog.
Second, I participated in a Bloomberg Law podcast with Professor Robert Katz on these issues. I thought we had a useful exchange. At the end of the interview, however, Rob was asked a question about the relevance of Hobby Lobby to these matters, to which he responded essentially that the two were disconnected. I didn't get a chance to jump in (had to leave to teach class!) but I have a different view and thought this quote from Doug's interview was apt:
For the first time in American history, government had made it unlawful, at least if you were an employer, to practice a well-known teaching of the largest religions in the country. The same-sex marriage debate has the same feature. This attempt to suppress practices of the largest faiths is a new thing in the American experience. And this huge escalation in the level of government regulation of religious practices is of course producing a reaction from religious conservatives, and is part of the reason for the current polarization.
UPDATE: And a third item, see my colleague Mark Movsesian's thoughts.
https://mirrorofjustice.blogs.com/mirrorofjustice/2015/04/two-items-on-the-state-rfras-contretemps.html