Archive | Freedom of Association

Nigeria Outlaws Membership in Gay Rights Groups

Reuters reports; the law apparently provides that, Any person who registers, operates or participates in gay clubs, societies and organizations or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offence and shall each be liable on conviction to a term of 10 years in prison. The law also “contains […]

Continue Reading 0

Goldwater Institute Tells Senator Durbin to “Pound Sand”

Senator Dick Durbin (D-IL) has sent letters to corporate and non-profit donors and supporters of the American Legislative Exchange Council (ALEC) demanding to know whether these organizations continue to support ALEC and whether they support “Stand Your Ground” laws. ALEC is right-of-center non-profit organization of state legislators that, among other things, develops and promotes model […]

Continue Reading 0

Proposed California Bill Would Strip Youth Groups’ Sales Tax Exemption If They Discriminate Based on Sexual Orientation or Religious Affiliation

The proposed law, Senate Bill 323 seems pretty clearly aimed at the Boy Scouts, who would lose the exemption unless they reject both their policy against gays and their requirement of belief in God. The sales/use tax exemption is likely not a very big deal for the Scouts, but I take it that there might […]

Continue Reading 0

Private Religious Colleges and Free Speech

I have been guest blogging this week, and Eugene asked me to reserve some of my posts to respond to reader comments. From the moment that Eugene announced I would be posting, a few commenters have decided that the single most important thing FIRE should actually be fighting is the scourge of censorship-happy Christian colleges. […]

Continue Reading 0

HUD on Fair Housing and Discriminatory Roommate Advertising

When I blogged about the Roommates.com case recently, I pointed out the Ninth Circuit seemed to assume that if discriminating in one’s choice of roommates is legal, it would also be legal to advertise a discriminatory preference.  I suggested that this wasn’t so clear.  Some commentors thought it was absurd to suggest that HUD would […]

Continue Reading 25

Does the Right to Choose a Roommate Include a Right to Advertise Discriminatory Preferences?

Last week, Eugene blogged about the Ninth Circuit’s opinion in Fair Housing Council v. Roommate.com.  As Eugene noted, the court, in an opinion by Judge Alex Kozinski, holds that federal and state housing discrimination law do not extend to discrimination in choice of roommates (or in advertising for roommates). Part of the court’s rationale is […]

Continue Reading 53

Freedom to Discriminate in Choice of Roommates

Fair Housing Council v. Roommate.com (9th Cir. Feb. 2, 2011) holds that federal and state housing discrimination law do not extend to discrimination in choice of roommates (or in advertising for roommates). Part of the court’s rationale is its judgment that reading the law as applying to roommate selection would raise serious constitutional concerns, given […]

Continue Reading 135

Lawsuit Claiming University of Iowa College of Law Discriminated Against Republican Teaching Applicant

Ilya blogged about this lawsuit when it was filed, so I thought I’d note that today the Eighth Circuit allowed the lawsuit to go forward, “revers[ing] the district court’s grant of summary judgment based on qualified immunity.” Naturally, this is not a finding that the law school did indeed discriminate, only that a jury should […]

Continue Reading 51

More on the Gay Athletic Group’s First Amendment Right to Limit the Number of Straight Players on a Team

As I noted in June, a district court held that, under Boy Scouts v. Dale, a gay athletic group had a First Amendment right to limit the number of straight players on a team, since that was necessary for it to convey its expressive message. The court has now issued a new opinion (Apilado v. […]

Continue Reading 482

The Court’s Upcoming Religious Freedom vs. Antidiscrimination Law Case

Wednesday, the Court will be hearing Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, an important religious freedom case. Federal and state antidiscrimination laws ban discrimination in employment based on race, ethnicity, religion, sex, age, disability, and other characteristics (some of which vary from state to state), such as sexual orientation and marital status. But […]

Continue Reading 335

Ninth Circuit Panel Holds that University Antidiscrimination Policy May Be Applied to Religious Groups, But Only If It’s Applied to Other Groups

The case is Alpha Delta Chi-Delta Chapter v. Reed (9th Cir. Aug. 2); the opinion basically agrees with Justice Stevens’s concurrence in Christian Legal Society v. Martinez, which took the same view. The Christian Legal Society majority held only that a policy that recognized groups must take all comers — with some modest exceptions — […]

Continue Reading 99

New Ordinances from Gould, Arkansas

Relevant excerpts from this ordinance and this one: The Mayor of the City of Gould shall not call special meetings to discuss City business without two thirds of the City Council’s vote to do so. The Mayor nor City Council members shall attend or participate in any meetings with any organization in any location without […]

Continue Reading 125

Gay Athletic Group Has First Amendment Right to Limit the Number of Straight Players on a Team

From Apilado v. North American Gay Amateur Athletic Alliance, 2011 WL 2148816 (W.D. Wash. May 31): This case arises from the disqualification of a softball team from the 2008 Gay Softball World Series (GSWS). The event was operated by Defendant North American Gay Amateur Athletic Alliance (NAGAAA) and attended by Plaintiffs Steven Apilado, LaRon Charles, […]

Continue Reading 94

Wesleyan University Banning Students from “Participating in Social Activities” Off-Campus on Property “Operated by Private Societies That Are Not Recognized by the University”

Here’s the “[p]olicy addition to take effect August, 2011”, which was specially referenced in a campus-wide e-mail sent by the administration: Wesleyan students are prohibited from using houses or property owned, leased or operated by private societies that are not recognized by the University. This prohibition includes using such houses or property as residences, taking […]

Continue Reading 55

Federal Government Acknowledges Constitutional Limits on Housing Discrimination Law

From the Department of Housing and Urban Development’s Determination of No Reasonable Cause in Fair Housing Center of West Michigan v. [Redacted] (paragraph break added): [A]n individual complained to Complainant about a rental advertisement posted on a bulletin board at the [Redacted] Church … stat[ing] (in relevant part): “I am looking for a female christian […]

Continue Reading 25

Powered by WordPress. Designed by Woo Themes