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Jun 23, 2017
11:06:54am
(Private) All-American
Lawyers: Something interesting to consider about the TX law and CA prohibition
on travel.

I think the TX law is unconstitutional. States shouldn't be allowing discrimination in public institutions based on "sincerely held religious beliefs." People may think that it is to stop LGBTQ adoptions, but many people believe Mormons are evil and shouldn't be allowed to adopt "good christian children" either. It is just difficult to see how the SCOTUS doesn't see this as an establishment problem.

However, people are concerned now about whether California can enforce the same restrictions against a private school like BYU. I think if California tried to enforce its law against BYU particularly then that would be a route to find the application of the California law unconstitutional as well.

One case loses on the establishment clause, the other loses on the free exercise clause. The SCOTUS recently heard the Trinity Lutheran Church case and it seemed like the issue of discriminating against a religious institution, by restricting government funding, solely because of religious belief/affiliation, is not going to fly.

Will be interesting to see this play out.
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