If there is a reason to have fair housing laws, I am in favor of them. If not, not. If there is no systematic discrimination to be combated, I am not in favor of them. If there is systematic discrimination, I am for them. A lot depends on what you hypothesize with Devo. If there are fair- housing laws, but she asserts an exemption on the basis of freedom of conscience, I would have to hear the claim to know if it is credible, and to weigh it against the compelling nature of the public policy. It is unlikely that I would grant the exemption, but I cannot be sure without the particulars of the case.
In the case of Mojo, it is much easier. Even if he did not have a valid conscience claim, I would probably uphold an exemption of a basis analogous to the housing exemptions I adduced, that is, that it is not an ordinary commercial transaction, but involves a greater degree of intimacy than normal, and that it is free- lance. However, I am persuaded that there is a basis for a conscience claim as well, insofar as Mojo was brought up in a strict environment, and, though separated from strict religious conformity, is nevertheless a product of a certain tradition, which is part of the core of his personality. I am not sure what a court would think, but it makes sense to me....... |
