My case for not applying discrimination law in ways that drive conservative religious agencies out of adoption work. [Cato at Liberty, drawing on my contributions to Scott Shackford’s Reason piece on libertarians and gays, which deserves a read on its own]
Following the furor over RFRA (Religious Freedom Restoration Act) legislation in Indiana and Arkansas this week, I’ve got a new piece in today’s New York Daily News on the emergence of American business as the most influential ally of gay rights. Links to follow up some of the quoted sources: Reuters on Walmart, Tony Perkins/FRC on pieces of silver, Dave Weigel on how public opinion in polls tends to side with the small business owners. I wrote last year on the Arizona mini-RFRA bill vetoed by Gov. Jan Brewer.
On the social media pile-on against a small-town Indiana pizzeria, see also the thought-provoking column by Conor Friedersdorf (more, Matt Welch). Also recommended on the general controversy: Roger Pilon, Mike Munger/Bleeding Heart Libertarians, and David Henderson on freedom of association, David Brooks on getting along, and Peter Steinfels on liberal pluralism and religious freedom.
Relatedly, Cato has now posted a podcast with my critical views (earlier) of the “Utah compromise” adding sexual orientation as a protected class while also giving employees new rights to sue employers over curbs on discussion of religion and morality in the workplace (h/t: interviewer Caleb Brown). For a view of that compromise more favorable than mine, see this Brookings panel.
- “Telling Employee He Is ‘Eligible’ For Bonus Not Enough to Create Contractual Obligation” [Chris Parkin/Daniel Schwartz; Connecticut appeals court]
- Richard Epstein on Obama’s anti-LGBT-discrimination edict for federal contractors [Hoover “Defining Ideas”]
- D.C. Circuit panel, Janice Rogers Brown writing, strikes down DC tour guide licensing scheme [Ilya Shapiro/Cato, WaPo, Orin Kerr]
- “Why Progressives Shouldn’t Support Public Workers Unions” [Dmitri Mehlhorn/Daily Beast]
- “James Sherk of Heritage on Members-Only Bargaining” [On Labor]
- As discrimination law gradually swallows all else: “Rep. Keith Ellison wants to make union organizing a civil right” [MSNBC]
- NY Senate committee gives approval to “workplace bullying” law. On thin constitutional ice? [Hans Bader/CEI, earlier]
It’s not a new idea for reform — I suggested it as my contribution to a book fifteen years ago, it had been kicked around for decades already at that point, England has done it, and we’ve discussed it here. But the route of making progress, as befits our age of anti-discrimination, has been the piecemeal extension of so-called Batson challenges in which it is argued that lawyers used their peremptories to exclude a protected demographic group. The editorialists of the L.A. Times discuss the latest, a Ninth Circuit ruling extending the list of forbidden categories to include sexual orientation.