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View Diary: Obama not looking for another Hobby Lobby with executive order to protect LGBT workers (32 comments)

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  •  ENDA needs a religious exemption. (2+ / 0-)
    Recommended by:
    coffeetalk, VClib

    Otherwise it has zero chances of ever passing the Senate, let alone the House. It would not be an exemption that would apply to every employer, but only to religious nonprofits (those which were already exempt from the HHS mandate prior to Hobby Lobby).

    •  However according to the SCrOTUS if the exemption (0+ / 0-)

      applies to religious non-profits then it also has to apply to for profit corporations as well.

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Mon Jul 21, 2014 at 07:47:55 AM PDT

      [ Parent ]

      •  Not to anti-discrimination laws (2+ / 0-)
        Recommended by:
        misslegalbeagle, WillR

        Alito specifically wrote that Hobby Lobby cannot be used as precedent to challenge anti discrimination laws.

        The reason is that preventing discrimination is a compelling interest, and laws against it are narrowly tailored to reach this goal. While contraceptive coverage is also a compelling interest, the HHS mandate is not the least restrictive means of doing so.

        •  Yes, and they also ruled that the decision strikin (0+ / 0-)

          striking down DOMA was not to be used as precedent either but guess what, that isn't how it works.  The same with Bush v Gore which has been used as precedent despite the fact that the SCrOTUS said it couldn't.

          Besides, there is a least restrictive means for that in that the government can simply provide a job (think WPA) to those who can't find one due to such religious discrimination.  Exactly the same solution they gave regarding the contraception mandate, let the government pay for it.

          You have watched Faux News, now lose 2d10 SAN.

          by Throw The Bums Out on Mon Jul 21, 2014 at 08:32:18 AM PDT

          [ Parent ]

    •  All anti discrimination laws exempt small employer (2+ / 0-)
      Recommended by:
      sfbob, skrekk

      on the federal level.

      Title VII, the ADA, and GINA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals.
      And the Fair Housing Act exempts small owner occupied buildings.

      So if a racist owners  really finds the other race so distasteful, they don't have to work cheek and jowl.  But a racist owing a big company can a, suck it, and b, make arrangements to avoid them.

      I suggest the same balance for ENDA.  NO WAY should a hospital run by a religious order employing thousands be exempt.

      Someone actually admitted on DK, "Yes. If it pisses you and the other Greenwald-Tweet-pearl-clutchers off, it's smart." Wow. Just....wow.

      by Inland on Mon Jul 21, 2014 at 08:27:15 AM PDT

      [ Parent ]

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