Kosher wine and antidiscrimination law
conlawprof at YAHOO.COM
Mon Dec 18 11:35:10 PST 2000
--- MSternAJC at AOL.COM wrote:
> Is the problem here that we
> really don't believe that
> discrimination can ever be permissible in a
> commercial establishment?
> Marc Stern
I continue to believe that discrimination by religious
commercial establishments is *often quite reasonable*
and often constitutionally protected (because most
anti-discrimination laws contain exceptions that
render them non-generally-applicable).
For example, consider an Islamic book store that sells
Islamic books, videos, etc. I believe it is quite
reasonable for the owner of the bookstore to hire only
believers in Islam to work in the store. Since the
work requires employees to make recommendations about
good Islamic books, it is quite reasonable for the
owner of the bookstore and customers to expect that
employees be believers in Islam whose opinions about
Islamic books are more trustworthy. Just as it is
reasonable for a feminist bookstore to refuse to hire,
say, Archie Bunker as a sales clerk, it is also quite
appropriate for a religious bookstore to hire only
Rick Duncan (conlawprof at yahoo.com)
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