California RFRA and discrimination exemption

[Mark Graber]

I'm a little confused by Rick's reply to Eugene.  Suppose instead of
claiming that a state RFRA would not trump state anti-discrimination
laws, California states that a state RFRA does not trump state
anti-murder/suicide laws.  Might practitioners of suttee claim that
this law burdens their religious practices in ways that the law does
not burden religions that do not require widows to throw themselves
on funeral pyres (and even if California did not make the exception
explicit, would any of us interpret the state RFRA as authorizing
suttee).  Put different, any exception to an RFRA would burden some
religions more than others.

Rick disputes that claim of the California legislature that no
discrimination for reasons of sexual orientation is a very important
purpose.  Fine, though if this is special interest legislation, I can
assure Rick that I will be able to justify all the judicial
intervention I want by similar notions of special interest.  But the
disagreement if over how important antidiscrimination is in this
context, not over whether some religions are being favored over
others.

Mark A. Graber
mgraber at bss2.umd.edu