Yes, State v. Hershberger, 462 N.W.2d 393 (Minn. 1990).

                Eugene

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton
Sent: Wednesday, March 07, 2012 12:18 PM
To: Law & Religion issues for Law Academics
Cc: Law & Religion issues for Law Academics
Subject: Re: Requirement that cabbies transport alcohol = "tiny burden"?

Eugene-- just a point of information--is there a lead MN Sup Court case that 
applying  strict scrutiny in cases involving neutral generally applicable laws 
and worship conduct that is illegal?


Thanks!

On Mar 7, 2012, at 3:11 PM, "Volokh, Eugene" 
<vol...@law.ucla.edu<mailto:vol...@law.ucla.edu>> wrote:
                But the Minnesota Constitution has been interpreted as 
following Sherbert and Yoder, so isn’t the question indeed why the cab drivers 
aren’t constitutionally entitled to an exemption?  As it happens, I oppose 
constitutional exemption regimes, at the state and federal levels, and support 
jurisdiction-by-jurisdiction RFRAs, which means the question becomes statutory, 
and trumpable by the state legislature.  But the Minnesota rule is one of 
constitutionally mandated exemptions, unless strict scrutiny is satisfied, no?

                Eugene

From: 
religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar
Sent: Wednesday, March 07, 2012 7:22 AM
To: Law & Religion issues for Law Academics
Subject: Re: Requirement that cabbies transport alcohol = "tiny burden"?

For the record, I was in favor of the accommodation attempted for the Somali 
Muslim cab drivers in Minneapolis and am in favor of most accommodations of 
religion done by employers and public agencies and the government in general -- 
even quite odd ones like this particular interpretation of the Quran by this 
group of Somalis.

But that is quite different from positing that there is a right in the Somalis 
to engage in this sort of discrimination let alone a constitutional right to do 
so.

Doug is right -- sometimes hostility to religious accommodation is motivated by 
a universalist thrust that we should in fact all be treated equally -- the same 
sort of hostility one sees against affirmative action for Blacks.  And Doug is 
also right that sometimes the hostility is directed against a religion and 
members of that religion -- as JWs, Muslims, Jews, and in some settings and 
some times, Catholics and others have experienced (19th Century Baptist prayer 
-- "God save us from the Unitarians" who at the time had circuit riders and 
were quite evangelical, unlike today).

No doubt both of these played into this event -- especially hostility to Islam.

But the subtextual motivation of hostility to the religion cannot make what is 
otherwise lawful discrimination unlawful, or does it?  Is there a 
constitutionally meaningful distinction between -- "I don't like your religion 
and therefor will not accommodate you"  and "I don't think you are entitled to 
an accommodation as a matter of constitutional right" -- where there is in fact 
no constitutional right to accommodation, as here.

Steve
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