Hillel Levin writes:
My primary opposition to the gender-segregated swim hours is not simply the formal segregation of the sexes and the practical burdens this may pose on people. Rather, it is that the Jewish laws relating to sexual modesty have embedded within them, and reinforce, certain assumptions and norms about women's and girls' bodies. I don't think the law should reflect, reinforce, or send those messages in public spaces. Setting this aside as a basis for political opposition, are courts allowed to consider the underlying assumptions and norms that may be said to be embedded in religious laws? Say that in town J, there are many Orthodox Jews, and many Orthodox women want single-sex swim hours because of Jewish laws that are based on, and “reinforce” “certain assumptions and norms about women’s and girls’ bodies.” Say that in town W, there are many Wiccan Goddess-worshippers, and many women who belong to that group want single-sex swim hours because they believe women should spend more time celebrating and improving their bodies free of male observation and the self-consciousness and body image problems that it brings. And say that in town S, there are many secular people, and many women in that town like single-sex swim hours for the secular reasons given in the Livingwell case I mentioned before. Could it be that courts might uphold the single-sex pool hours in town W and maybe town S, because the women’s preferences are based on good assumptions and norms about women’s bodied, but reject them in town J because the judges think that Jewish law is based on bad assumptions and preferences? Eugene
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