Posts Tagged ‘Utah’

Business, gay rights, and the law: what comes next

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.

Beware the “Utah Compromise”

Gov. Gary Herbert (R) has signed into law an expansion of Utah’s anti-discrimination law following what’s being billed as a historic compromise between gay rights advocates and the Church of Jesus Christ of Latter-Day Saints. Unfortunately, as I argue at the Daily Beast, both halves of the compromise are bad news for individual liberty and freedom of association in the workplace. Excerpt:

As I noted at the Cato Institute’s website a while back, these laws “sacrifice the freedom of private actors—as libertarians recognize, every expansion of laws against private discrimination shrinks the freedom of association of the governed.”

That’s the familiar half of the story. What’s new about the Utah Compromise is that it adds completely new restrictions on employers’ rights to keep the workplace focused on work as opposed to religious or moral debate. In particular, it allows employees to sue on a claim that they were fired or otherwise treated poorly for talking about religion or morality in the workplace, at least if they were doing so in a way that was “reasonable” and didn’t interfere with the employer’s “essential” business interests.

When an employee then begins treating customers or co-workers to unasked-for disquisitions about religious or moral matters, it will apparently be the state of Utah—rather than, as now, the folks in human resources—who will have the final say as to whether the topic is “similar” to others on which discussion had previously been allowed, and whether the proselytizing or reproachful comments taken as a whole were “reasonable” or by contrast “harassing or disruptive.”

And I conclude:

It’s not clear whether anyone was at the table speaking up for employers’ rights and interests during the Utah negotiations. It’s a lot easier to reach what’s hailed as a historic compromise if you can do so at the expense of absent third parties, isn’t it?

Whole thing here. [cross-posted from Cato at Liberty]

Police use of force roundup

Food roundup

  • “It is one of the first times that two big craft brewers have been in a lawsuit against each other.” [San Francisco Chronicle]
  • Hee hee: poll finds more than 80 percent of public favors “mandatory labels on foods containing DNA,” cf. comparable polls on GMO labeling [Ilya Somin]
  • Chicago crackdown on paid private dinner parties comes after Michelin awards two stars to local restaurant that started that way [Illinois Policy]
  • “Is Foodborne Illness on the Rise?” [Baylen Linnekin]
  • “The Queens’ Tea in Salt Lake City sued by another queen over name” [Salt Lake Tribune]
  • Virginia legislator’s bill would end inspection of home kitchens used to produce food for direct sale [Watchdog, earlier on “cottage food” laws, related E.N. Brown]
  • “There’s a very simple reason you don’t find favors in king cakes anymore: We have too many lawyers in America” [WSJ, earlier]

Environment roundup

  • In Utah prairie dog case, federal judge finds Endangered Species Act regulation of intra-state property impacts exceeds scope of enumerated federal powers [Jonathan Adler, Evan Bernick, Jonathan Wood/PLF] Certiorari petition on whether economic considerations should enter into ESA measures on behalf of delta smelt in California [Ilya Shapiro and Trevor Burrus]
  • “While Smart Growth as a whole is maligned by some advocates of the free market, many Smart Growth tenets are actually deregulatory.” [Emily Washington, Market Urbanism; related, obnoxious-yet-informative Grist]
  • Economic logic should be enough to halt suburban Maryland Purple Line, but if not, says Chevy Chase, hey, let’s find a shrimp [Washington Post; Diana Furchtgott-Roth on economics of Purple Line]
  • SCOTUS should review Florida-dock case in which lower courts held property rights not “fundamental” for scrutiny purposes [Ilya Shapiro and Trevor Burrus]
  • “The Problem of Water” [Gary Libecap, Cato Regulation]
  • Paul Krugman and others hyped the rare earth crisis. Whatever happened to it? [Alex Tabarrok]
  • Louisiana judge strikes down state law prohibiting levee boards’ erosion/subsidence suit against oil companies, appeal likely [New Orleans Times-Picayune]

September 26 roundup

  • Was California workers’ comp claim against NFL by former Tampa Bay Buccaneer-turned-P.I.-lawyer inconsistent with his mixed martial arts prowess? [Tampa Bay Times, Lakeland Ledger, earlier and more on California workers’ comp and professional football]
  • Salt Lake City’s $6,500 stings: “Secret Shopper Hired to Punish Lyft & Uber Actually Prefers Them” [Connor Boyack, Libertas Institute]
  • Are libertarians undermining public accommodations law? (If only.) [Stanford Law Review, Samuel Bagenstos and Richard Epstein via Paul Horwitz]
  • Why NYC is losing its last bed and breakfasts [Crain’s New York via @vpostrel]
  • U.S. continues foolish policy of restricting crude oil and gas exports, time for that to change [David Henderson first and second posts]
  • So it seems the New York Times is now committed to the theory that Toyotas show mechanical unintended acceleration;
  • OK, the future Kansas politician was at the strip club strictly on attorney business when the police arrived. Was he billing? [Politico]

Police and prosecution roundup

  • Enviro activists unlawfully block coal ship, Massachusetts prosecutor expresses approval by dropping charges [James Taranto, Jacob Gershman/WSJ Law Blog, ABA Journal]
  • Unfortunately-named Mr. Threatt charged with “robbery that happened while he was in jail” [Baltimore Sun via @amyalkon]
  • “How conservative, tough-on-crime Utah reined in police militarization” [Evan McMorris-Santoro, BuzzFeed] More: What if we needed it someday? San Diego Unified School District defends acquisition of armored vehicle [inewsource.org] And Senate hearing [AP]
  • “Machine-based traffic-ticketing systems are running amok” [David Kravets, ArsTechnica]
  • Thanks, Fraternal Order of Police, for protecting jobs of rogue Philadelphia cops who could cost taxpayers millions [Ed Krayewski; related earlier]
  • Study: returning from 6- to 12-person juries could iron out many racial anomalies at trial [Anwar et al, Tabarrok]
  • Courts can help curb overcriminalization by revitalizing rule of lenity, mens rea requirement [Steven Smith]