Gay Rights Law

Employment Non-Discrimination Act - Podcast

Religious Liberties Practice Group Podcast
David E. Bernstein, William N. Eskridge, Jr. February 21, 2014

Prop 8 flagsA bill to enact the proposed Employment Non-Discrimination Act ("ENDA") was introduced into the 113th Congress and approved by the Senate by a 64-32 vote. The Act would prohibit discrimination in hiring and employment on the basis of sexual orientation or gender identity by employers with at least 15 employees. Non-profit membership clubs and organizations that are solely religious are exempted, but religiously affiliated organizations (such as hospitals and schools) are not.

Proponents and opponents disagree about whether sexual orientation and gender identity discrimination is widespread and a serious problem. Proponents point, for example, to a field experiment in which job applications with a fictitious resumé including membership in a gay organization in college received substantially fewer invitations for interviews than did applications with a fictitious resumé identical except for the membership. Opponents note studies showing that gays have average or above-average incomes and conclude that discrimination does not seem to have impaired their earning potential.

There is also disagreement about the impact ENDA would have on people of faith. Proponents note that the religious exemptions of ENDA track those of other federal anti-discrimination laws. Opponents point out that disapproval of homosexual acts is a fundamental tenet of Christianity, Judaism, and Islam, as well as of many other faiths, and that ENDA would be the first American federal law to outlaw exercise of a mainstream belief of our major religions.


  • Prof. David E. Bernstein, George Mason University Foundation Professor of Law, George Mason University School of Law
  • Prof. William N. Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School

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Anti-discrimination and Individual Liberties: Elane Photography v. Willock - Podcast

Civil Rights and Religious Liberties Practice Groups Podcast
Ilya Shapiro, Christian Corrigan September 11, 2013

Anti-discrimination and Individual Liberties: Elane Photography v. Willock - PodcastOn August 22, the New Mexico Supreme Court ruled in Elane Photography v. Willock that the First Amendment doesn't protect a photographer's right to decline to take pictures of a same-sex wedding ceremony against the requirements of the state's Human Rights Act, which forbids discriminating against people on the basis of sexual orientation. The case perfectly illustrates the tension between the ideals of non-discrimination and individual freedom. Join us as our expert discusses both sides of the issue.


  • Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute
  • Moderator: Christian Corrigan, Director of Publications, The Federalist Society

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The Court Decides: The Prop 8 and DOMA Cases - Podcast

Federalism & Separation of Powers Practice Group and Religious Liberties Practice Group Podcast
Jonathan H. Adler, Carrie Severino, Dean A. Reuter August 02, 2013

The Court Decides: The Prop 8 and DOMA CasesOn June 26th, the U.S. Supreme Court decided two same sex marriage cases: the Proposition 8 (Hollingsworth v. Perry) and Defense of Marriage Act (United States v. Windsor) cases.  Please listen as our experts discuss the decisions and their implications in this previously recorded call.


  • Prof. Jonathan Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
  • Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network
  • Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

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