1. Does the principle underlying Hosanna-Tabor extend to
churches excluding members (or visitors) based on race, sex, religion, etc.? I
assume it would, which is why, for instance, Orthodox synagogues could have
separate seating for men and women, Nation of Islam events could be men-only
(there are a few cases on the latter, though free speech cases rather than
religious freedom cases), various churches could be racially or ethnically
exclusionary in their membership, and so on.
2. If a church can exclude people from membership or
attendance based on race, sex, etc., I assume it would likewise be free to
exclude people who engage in certain behavior.
3. Virginia does have a state RFRA, Va Code 57-2.02, but I
assume the Hosanna-Tabor principle - if it's applicable - would provide
categorical protection, not subject to trumping under strict scrutiny.
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar
Sent: Thursday, April 27, 2017 9:49 AM
To: Law & Religion issues for Law Academics
Subject: Church excludes nursing woman
If RFRA applied to the state, or if Virginia had a state RFRA that copied the
federal RFRA, would this state law be legal?
Virginia law provides that a woman can breast feed uncovered anywhere she has a
legal right to be. Can a church then exclude her because breast feeding
uncovered might make some other congregants uncomfortable?
https://www.washingtonpost.com/local/virginia-politics/this-breastfeeding-mom-caused-a-stir-in-church/2017/04/26/adb7ac84-2a8d-11e7-a616-d7c8a68c1a66_story.html?utm_term=.cca0b874fc7c
--
Prof. Steven D. Jamar
Assoc. Dir. of International Programs
Institute for Intellectual Property and Social Justice
http://iipsj.org
http://sdjlaw.org
"Years ago my mother used to say to me... 'In this world Elwood' ... She always
used to call me Elwood... 'In this world Elwood, you must be Oh So Smart, or Oh
So Pleasant.' Well for years I was smart -- I recommend pleasant. You may
quote me." --Elwood P. Dowd
- Mary Chase, "Harvey", 1950
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