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Nondiscrimination Rules and Religious Associational Freedom

Engage: The Journal of the Federalist Society Practice Groups, Vol. 8, Issue 3, 2007

12 Pages Posted: 24 May 2012  

Timothy J. Tracey

Ave Maria School of Law

Gregory S. Baylor

affiliation not provided to SSRN

Date Written: June 3, 2007

Abstract

Governments are applying rules banning “discrimination” on the basis of religion and “sexual orientation” to religious groups with increasing frequency. As interpreted by the courts, the extent to which the Constitution protects the freedom of religious groups to associate around shared religious commitments is not entirely settled. We believe, however, that a proper regard for religious liberty should move government to exempt religious organizations from such nondiscrimination rules. When government subordinates religious freedom to other public policy objectives, courts should—and must—find violations of the Constitution.

Keywords: First Amendment, Dale, Boy Scouts, students, student, nondiscrimination, anti-discrimination, policy, university, universities, college, colleges, police power rules, expressive association, free speech

Suggested Citation

Tracey, Timothy J. and Baylor, Gregory S., Nondiscrimination Rules and Religious Associational Freedom (June 3, 2007). Engage: The Journal of the Federalist Society Practice Groups, Vol. 8, Issue 3, 2007. Available at SSRN: https://ssrn.com/abstract=2065441

Timothy J. Tracey (Contact Author)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States

Gregory S. Baylor

affiliation not provided to SSRN

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