At the Becket Fund’s blog, Mark Rienzi has an interesting analysis of the Abercrombie & Fitch case I discussed last week:
The decision is important for two reasons. First, it is a reminder that, in a religiously diverse country, people of different faiths will have different needs. Some workers need to wear headscarves, some need Saturdays off, some cannot assist with abortions or capital punishment. The sensible response to most of these differences is to accommodate them—to recognize that our society is filled with wonderful differences, and to find ways to work around those differences without kicking people out of their jobs.
The case is also important for arguments the Administration chose not to make. It did not argue that Ms. Khan had forfeited her religious freedom rights when she voluntarily went to work for a profit-making company. It did not say that she would only have religious liberty if she cabined her job search to Muslim religious organizations. It did not say that because she was earning money in the commercial marketplace she had somehow forfeited her right to conduct herself in accordance with her religion.