ACLU vs. Yom Kippur

[Lupu, Ira (Chip)]

It seems to me that there may frequently be a significant difference
between closing public schools and closing government offices
statewide.  In communities with substantial Jewish populations,
some teachers and large numbers of students will be absent on
Yom Kippur.  Either teacher absence or significant student
absence will make it very inefficient to proceed with school at all.
By contrast, many government offices might be able to proceed
without serious inefficiency in the face of a high rate of
absenteeism on a particular day; it would depend on the office
function, the need for particular supervisors, etc.  Montgomery
County, MD (where I live) closes its schools on Yom Kippur, but I
do not believe it closes its tax department or social welfare offices;
rather, it simply gives the day off to employees who observe the
holiday.

There is another, more problematic distinction betwen Yom Kippur
and Good Friday; a very high percentage of Jews are likely to
attend synagogue on Yom Kippur (many Jews who otherwise never
go to synagogue will do so), and many will fast and be a bit
weakened by the fasting.  (By contrast, a great many American
Jews do not attend synagogue on the Festival of Sukkot, and
schools excuse those absent for religious reasons but do not close
down on Sukkot.)  Do most Christians attend worship services, or
otherwise involve themselves in religious activities, on Good
Friday?  If not, the "accommodation of religion" argument for office
closing is weakened, though the efficiency argument (many will
take the day off in preparing for Easter, or traveling for Easter) is
not.   May/must the government appraise and take into account the
actual pattern of religious activity (alleged to conflict with the
relevant secular activity) in deciding when to close government
functions because of religious holidays?


Ira C. ("Chip") Lupu
The George Washington University School of Law
2000 H St., NW
Washington D.C 20052

(202) 994-7053

ICLUPU at main.nlc.gwu.edu