First the suit is probably brought under tile vii and not the constitution. The 
smith standard is inapplicable under that statute.. Second, the department will 
likely argue that the leave policy was administered unevenly-say Jews are given 
leave for passover.
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: "Brad Pardee" <bp51...@windstream.net>
Sender: religionlaw-boun...@lists.ucla.edu
Date: Mon, 13 Dec 2010 20:22:50 
To: <religionlaw@lists.ucla.edu>
Reply-To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu>
Subject: A Constitutional right to make pilgrimmage

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