Eugene, I'm not sure I understand why the motive or purpose of the actor
controls whether the result of the actor's conduct should be viewed as a burden
on religious liberty or not. I might assign much less weight to the
discriminating actor's interest and consider his conduct more morally
Alan: You give examples of deliberate discrimination, but I thought we
were generally speaking about decisions not to change one's own affirmative
practices -- not just one's prohibitions (e.g., no-headgear rules) but also
one's choices to, for instance, play on a particular day -- in
It may well be that intentionally discriminatory actions by private
athletic organizations are better labeled as threats to religious equality
and not religious liberty; on the other hand, sometimes liberty rules
themselves embody equality norms (see, e.g., the shape of free speech
