Re: Harm to Others as a Factor in Accommodation Doctrine

[Marty Lederman]

The caselaw and legislative history are fairly clear -- and uniform, as far as I know -- in holding to the contrary.  The general right of churches to insist that their employees share the church's religious beliefs cannot be used to circumvent the other prohibitions of title VII.  For example, if the church has a tenet prohibiting pre-marital pregnancy, or prohibiting lawsuits against the church, such a tenet will not excuse the church from engaging in discrimination based on pregnancy, and will not justify employment sanctions against those who sue the church.  In our October 12, 2000 OLC Opinion on religious discrimination by recipients of "charitable choice" funds, we included a fairly extensive discussion of the cases up through 2000 (pages 30-32).  The authorities include, e.g., Senator Williams's statement at 118 Cong. Rec. 7167 (1972); and the following cases:   Cline, 206 F3d at 658; Bollard, 196 F.3d at 945; Boyd, 88 F3d at 413-14; Demarco, 4 F3d at 173; Freemont Christian Sch., 781 F2d at 1364-67; Rayburn, 772 F2d at 1166-67; Pacific Press, 676 F2d at 1276-77; Mississippi College, 626 F2d at 484; McClure, 460 F2d at 558; Ganzy, 995 F. Supp. at 348-49, 359-60; Vigars, 805 F. Supp. at 806-08; and Dolter, 483 F. Supp. at 269-70. ----- Original Message ----- From: [EMAIL PROTECTED] To: religionlaw@lists.ucla.edu Sent: Monday, March 14, 2005 8:09 AM Subject: Re: Harm to Others as a Factor in Accommodation Doctrine \ I would disagree, because any woman who wants to be a priest is clearly at odds with heavily document ecclesiology in the Church that forbids them becoming a priest.  Their views, therefore, cut them out of the picture before you even get to gender.   Marci Actually, as to the Catholic Church and women (priests), the title VII exemption does not address the problem at all, as I tried to explain in a post yesterday.  In order to permit the Church to limit the priesthood to men, it's necessary to turn to the First Amendment. ----- Original Message -----   _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private.  Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.

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