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View Diary: Hobby Lobby: Does RFRA violate the Establishment Clause? (263 comments)

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  •  I think Sherbert (5+ / 0-)

    reached the right result but for the wrong reasons.

    It was discrimination based on religion, not accommodation.

    Indeed, the Civil Rights Acts embody that principle.

    Do you think of them as an "accommodation?"

    I don't.

    •  Why not accommodation? (2+ / 0-)
      Recommended by:
      Armando, Certifiable Genius

      Sherbert arose out of a 7th Day Adventist's refusal to work on Saturdays.

      If I have a business that's open on (say) Saturday, and Jim refuses to work on Saturday because it's against his religion, it's pretty clear Title VII of the Civil Rights Act requires me to accommodate Jim by giving him Saturdays off, which means my other employees have to work more Saturdays.

      I only have to do this if it's "reasonable," which I think means assessing whether I have enough other staff who can cover Saturdays, etc.

      What if Jim converts all my employees to 7th Day Adventism? Do I now have to close my business on Saturdays?

      Sherbert was pre-Civil Rights Act, so it didn't address these questions. The employer clearly still had the right to fire Sherbert. The issue was whether Sherbert was entitled to collect unemployment benefits from the State of South Carolina--thus it was a First Amendment, not Civil Rights Act, question. But I still think the bottom line was that Sherbert won because his refusal to work Saturdays was based in conscience as opposed to mere personal preference; which seems to me like accommodation of religion.

      "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

      by HeyMikey on Wed Mar 26, 2014 at 09:05:47 AM PDT

      [ Parent ]

    •  how do you describe the remedy? (2+ / 0-)
      Recommended by:
      Armando, Certifiable Genius

      it's an exception to a law that has say a disparate impact.  My point however is something like RFRA is useful to combat discrimination on the basis of religion, but it's corrupted when used to promote the interests of majority religions.

      Difficult, difficult, lemon difficult.

      by Loge on Wed Mar 26, 2014 at 09:07:25 AM PDT

      [ Parent ]

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