How to Limit Accommodations
In recent years, the United States has seen a resurgence of debates over the propriety of various religious accommodations afforded religious individuals and institutions from otherwise valid laws. The crumbling consensus over religious accommodations appears largely due to growing skepticism over w...
| Published in: | Journal of law, religion and state |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2017
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| In: |
Journal of law, religion and state
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| Further subjects: | B
rfra
religious accommodation
Establishment Clause
contraception mandate
substantial burden
Jewish divorce
United States v. Epstein
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| Online Access: |
Volltext (Verlag) |
| Summary: | In recent years, the United States has seen a resurgence of debates over the propriety of various religious accommodations afforded religious individuals and institutions from otherwise valid laws. The crumbling consensus over religious accommodations appears largely due to growing skepticism over whether religious accommodations, once granted, can be limited to the “right” kind of cases without bleeding into the “wrong” kind of cases. Some courts and scholars have responded to these growing worries by proposing limits on the scope of legally recognized accommodationist claims; for example, some have argued that commercial entities should, per se, be denied claims for religious accommodation and others have argued that claims for accommodation should not be granted where the theological burden is deemed by a court to be de minimis or non-existent. By limiting the types of recognized accommodationist claims, such arguments hope to prevent religious objections from trumping other important rights and values; if the claims never get off the ground, so the logic goes, there is no need to worry about their potential consequences. |
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| ISSN: | 2212-4810 |
| Contains: | In: Journal of law, religion and state
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| Persistent identifiers: | DOI: 10.1163/22124810-00501001 |