Free ex. plaintiffs win

[Eric Treene]

Mark Rahdert wrote:

>         I'm curious how the court supported its conclusion that Smith does
> not apply to work rules?
>
>         Mark Rahdert
>         Temple University School of Law
>

    It was a textual argument from the Smith opinion.  The Court wrote, after
a discussion of Goldman v. Weinberger:

    "In Smith, the Court found it 'critical' that 'the conduct at issue . . .
was . . . prohibited by law.' 494 U.S at 876 (emphasis added).  In the present
case, we are not confronted with either a military or legislative
determination which must be afforded similar deference.  Order 71-15 is merely
a management directive of an employer, and carries no greater significance
because that employer is a police department."



Eric Treene
The Becket Fund for Religious Liberty