Friday, February 28, 2014
My contribution (and it's just one of a bunch) to the SCOTUSblog symposium on the upcoming Hobby Lobby case is here. Here's a bit:
The Religious Freedom Restoration Act does not reflect a mistaken or naïve view that religiously motivated conduct is always praiseworthy or that religious actors always prioritize the common good. Sometimes, generally applicable laws need to remain generally applicable. Sometimes, fair and practicable accommodations are not possible. Sometimes, parties invoking RFRA will and should lose. But, sometimes they should win – whether they are institutions or individuals and whether they are engaged in worship, social service, or art-supplies sales. The Act says, for all of us, that religious freedom matters, that it matters to policy winners and losers alike, and that if we can accommodate religious believers’ practices and objections, then we should.