Religion & Law

Mike Dorf has an interesting essay at Dorf on Law speculating on the legal strategy of the Christian Legal Society in its recent Supreme Court case. Why did the lawyers stipulate to the all-comers policy in the lower courts? Why did they run away from the stipulation in the Supreme Court? Why did they distinguish between status and beliefs instead of arguing for a more absolute form of freedom of association? On the latter Mike thinks that McConnell did not want to have the Court think the group was homophobic. I am sure he didn't, but I think the larger worry was that he wanted to avoid a principle that would give racially discriminatory groups unqualified rights to equal status with other groups. I do not know if this was a necessary strategy, but I do not think it hurt his client.

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