Re: Harm to Others as a Factor in Accommodation Doctrine

[Brad Pardee]

Doesn't that render the Free Exercise clause powerless as a guarantor of religious freedom?  Suppose, for instance, we were talking about freedom of speech instead of the free exercise of religion.  I can't imagine that the legislature would be able to outlaw any type of speech they wanted to as long as it was in a neutral and generally applicable law, and that people would have to lobby the legislature for an accomodation to be able to have the freedom of speech they thought the Constitution already provided.  Rather, the legislature would need to be able to justify to the court why the outlawing of a type of speech was not an unconstitutional infringement on an explicitly Constitutionally protected freedom.  Why would the Free Exercise clause have less weight and power to protect than the Free Speech clause?  Tell me what I'm missing in your understanding of what the Free Exercise clause actually protects.   Brad The answer would be that those religious groups would lobby and obtain what they want.  Just because the courts don't provide something does not mean religious entities throw up their hands and quit.  Quite to the contrary.   Marci   So my question would be, if Title VII had not included the exemption, what would prevent the Church from being required to comply with anti-discrimination laws in the employment of priests if her position prevailed?  It seems like the logical conclusion would be that women wishing to serve as priests would be harmed, so the Church would be required to assimilate, regardless of its understanding of God's requirements. Brad

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