Re: Harm to Others as a Factor in Accommodation Doctrine

[Steven Jamar]

Not exactly, I think.  The law allows sex to be BFOQ.  Of course the BFOQ comes from the religious beliefs which in turn are what is protected by the First Amendment.  Other BFOQs based on sex include things like restroom attendants and roles in operas and plays and movies -- though Elizabethan theatre could, I suppose, be used to call the arts into question.

Steve

On Monday, March 14, 2005, at 07:49  AM, Marty Lederman wrote:

Actually, as to the Catholic Church and women (priests), the title VII exemption does not address the problem at all, as I tried to explain in a post yesterday.  In order to permit the Church to limit the priesthood to men, it's necessary to turn to the First Amendment.

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:[EMAIL PROTECTED]
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

"Whenever you find yourself on the side of the majority, it is time to pause and reflect."

Mark Twain
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