Balancing LGBTQIA Rights and Religious Liberties – Commentary on the Ruth Bader Ginsburg Lecture

18 Pages Posted: 1 Aug 2019

See all articles by Jocelyn Samuels

Jocelyn Samuels

UCLA School of Law

Alan E. Brownstein

University of California, Davis - School of Law

Maimon Schwarzschild

University of San Diego School of Law

Date Written: February 1, 2019

Abstract

On February 1, 2019, Professors Jocelyn Samuels, Alan Brownstein, and Maimon Schwarzschild commented on the Ruth Bader Ginsburg Lecture delivered by former EEOC Commissioner Chai Feldblum, Religious Liberty and LGBTQIA Rights: Finding the Right Balance. Among the topics addressed were whether there are common principles that support protecting both religious liberty and LGBTQ+ rights; whether religious exemption claims relating to the LGBTQ+ community should be treated the same as racial discrimination and exemptions to laws prohibiting racial discrimination; what criteria should influence whether a religious exemption is appropriate; and whether an entity receiving federal funding should be able to raise religious exemptions relating to the LGBTQ+ community.

Keywords: LGBTQ+, religious liberty, religious exemption claims, discrimination, civil rights, equality rights, sexuality, sexual activity, Constitution, First Amendment, Free Exercise Clause, Establishment Clause

JEL Classification: K00, K1, K10, K36, K49

Suggested Citation

Samuels, Jocelyn and Brownstein, Alan Edward and Schwarzschild, Maimon, Balancing LGBTQIA Rights and Religious Liberties – Commentary on the Ruth Bader Ginsburg Lecture (February 1, 2019). Thomas Jefferson Law Review, Vol. 41, No. 2, 2019. Available at SSRN: https://ssrn.com/abstract=3429319

Jocelyn Samuels (Contact Author)

UCLA School of Law ( email )

Alan Edward Brownstein

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States
530-752-2586 (Phone)
530-752-4704 (Fax)

Maimon Schwarzschild

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2343 (Phone)
619-260-4791 (Fax)

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