Exemptions and accommodations

2012-03-06 Thread Douglas Laycock
steps to accommodate someone else's religious needs. This distinction is why I think it is a mistake to talk about exemptions as accommodations. One who seeks only an exemption is merely asking to be left alone, unregulated in some way. There may be reasons not to leave him alone, if he

RE: Exemptions and accommodations

2012-03-06 Thread Alan Brownstein
Doug's distinction between exemptions and accommodations is helpful, but the cause of the problem isn't limited to free exercise cases. If we are talking about freedom of speech, for example, many people would describe the decision of a bookstore to reject a request to carry particular books

Re: Exemptions and accommodations

2012-03-06 Thread Brian Landsberg
exemptions as accommodations. One who seeks only an exemption is merely asking to be left alone, unregulated in some way. There may be reasons not to leave him alone, if he is harming those around him. But to be left alone is all he is asking for. One who seeks affirmative conduct by others to enable

RE: Exemptions and accommodations

2012-03-06 Thread Volokh, Eugene
I wonder whether this further shows the value of distinguishing not just exemptions and accommodations, but discriminatory action and nondiscriminatory action. For instance, I expect that few people would view a bookstore owner's decision to close the store as censorship

Re: Exemptions and accommodations

2012-03-06 Thread Steven Jamar
someone else’s religious needs. This distinction is why I think it is a mistake to talk about exemptions as accommodations. One who seeks only an exemption is merely asking to be left alone, unregulated in some way. There may be reasons not to leave him alone, if he is harming those

RE: Exemptions and accommodations

2012-03-05 Thread Friedman, Howard M.
and a the institution taking affirmative steps to accommodate someone else's religious needs. This distinction is why I think it is a mistake to talk about exemptions as accommodations. One who seeks only an exemption is merely asking to be left alone, unregulated in some way. There may be reasons not to leave