The racism analogy is misleading

Author(s):  
Andrew Koppelman

Even if the racism analogy is morally sound, that conclusion cannot support the withholding of all accommodation. It is actually several different analogies. One might be comparing their effects, their moral errors, the evil intentions of those who hold them, or their status as views that are appropriately stigmatized. There are important differences. Religious heterosexism is generally nonviolent. And unlike in 1964, when the Civil Rights Act was passed, religious claims can be accommodated without defeating the point of the law. Establishing a legitimate place for dissenters, in a gay-friendly legal regime, would actually be helpful in addressing some of the most pressing contemporary gay rights issues, notably youth homelessness.

1996 ◽  
Vol 62 (3) ◽  
pp. 621
Author(s):  
Hugh Davis Graham ◽  
Stephen C. Halpern

2020 ◽  
Vol 102 (2) ◽  
pp. 64-65
Author(s):  
Robert Kim

In Bostock v. Clayton, the U.S. Supreme Court held that discrimination against employees because they are gao or transgender violates the Civil Rights Act of 1964. Robert Kim summarizes the case and explains what the ruling means for schools. LGBTQ educators have historically faced discrimination, but such actions are now prohibited in nearly all public, private, and charter schools. Religious schools, however, may be exempt, and the ruling does not address other issues of discrimination in schools, such restroom access.


1996 ◽  
Vol 40 (1) ◽  
pp. 110
Author(s):  
Raymond Wolters ◽  
Stephen C. Halpern

1997 ◽  
Vol 68 (2) ◽  
pp. 235
Author(s):  
Christopher Brown II ◽  
Stephen C. Halpern

2020 ◽  
pp. 103-126
Author(s):  
Linda C. McClain

This chapter studies how arguments about bigotry, conscience, and legislating morality featured in legislative debate over the Civil Rights Act of 1964, particularly the public accommodations provision (Title II). President Lyndon B. Johnson urged clergy to support the act and help the United States overcome bigotry. Religious leaders testified for and against the law. Lawmakers and witnesses supporting the law insisted that the nation’s conscience demanded that Congress pass a law to end bigotry and racial discrimination. Opponents referred to bigotry in multiple ways: they argued that segregation reflected natural difference and God’s plan, not bigotry; that people had a right to be bigoted; and that the act’s supporters were the real bigots. The chapter concludes with two Supreme Court cases upholding Title II relevant to later constitutional challenges to civil rights laws protecting LGBTQ persons: Heart of Atlanta v. United States and Newman v. Piggie Park Enterprises.


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