Please join us in Law Room 1347 on March 4, 2020 for a two part lunchtime talk with Professor Lawrence Sager, Distinguished Scholar in Residence, UCLA Law and Philosophy Program & Visiting Professor, as he presents "The Discriminatory Permissions Doctrine and the Structure of Constitutional Authority and Responsibility."
This is the second of a two-part lunchtime series. The first part will be held on March 3, 2020.
Making states constitutionally liable for their permissions to discriminate seems to prove too much, since that would entail a state obligation to ban all discrimination, a view which is not at all consistent with constitutional law as we know it. Conversely, if we can find a ground to confine the discriminatory permissions doctrine to laws that invite discrimination, that would seem to leave us with too little, since laws like Mississippi's H.B. 1523 aim at protecting religious freedom, not at harming members of the LGBT community. We need to answer both of these objections in order to defend the discriminatory permissions doctrine. Just as importantly, the answers to these objections will serve to deepen our understanding of key concepts that underly constitutional authority and responsibility.