Re: OK, I shouldn't watch the news
- From: "Sandi" <sanditypes@xxxxxxxxx>
- Date: Wed, 6 Apr 2005 21:24:23 -0400
> > This has been adjudicated many times. The ACLJ may have the particulars
> > of the law on their website.
> >
> Now you'll have me finding that case, because it was adjudicated by the
> SCOTUS in exactly the opposite way.
>
> Sandi
>
Here's a quote from the case:
"Where the state conditions receipt of an important benefit upon conduct
proscribed by a religious faith, or where it denies such a benefit because
of conduct mandated by religious belief, thereby putting substantial
pressure on an adherent to modify his behavior and to violate his beliefs, a
burden upon religion exists. While the compulsion may be indirect, the
infringement upon free exercise is nonetheless substantial." Hobbie v.
Unemployment Appeals Com'n of Florida, 480 U.S. 136, 107 S.Ct. 1046 (1987),
quoting Thomas v. Review Bd. of Indiana Employment Security Div., 450 U.S.
707, 101 S.Ct. 1425, 67 L.Ed.2d 624 (1981).
Hobbie was fired for refusing to work on the sabbath. That was okay. Her
employer was not a state entity. The state's denial of her unemployment
benefits was a state action and therefore not okay.
Sandi
.
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