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

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  •  Why not accommodation? (2+ / 0-)
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    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

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    •  Because to me at least (1+ / 0-)
      Recommended by:
      Back In Blue

      it is a prohibition against discrimination based on religion, not an accommodation to religion.

      The structure is important.

      At least I think so.

    •  There was a case several years ago (2+ / 0-)
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      defluxion10, Certifiable Genius

      where a BART train operator who was an Orthodox Jew sued to get Saturdays off, in opposition to BART's seniority policies. The judge ruled against the operator, stating that he should have known about the day off policies before taking the job and to ask BART to change the policies for him would mean they would have to change the policies for all employees.

      There's only one rule that I know of, babies -- goddammit, you've got to be kind. -- Kurt Vonnegut

      by Cali Scribe on Wed Mar 26, 2014 at 12:02:51 PM PDT

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