childbirth & accommodation

[Vance R. Koven]

At 3:45 PM -0400 6/12/00, Eric W. Treene wrote:
>
>Under Sherbert, I would think the issue would be whether discharging her
>substantially burdened her faith, which she probably could establish.  The
>issue, as in the unemployment cases, should not be whether denying her the
>financial benefit burdened her faith.

Would it be open to the hospital to argue, if applicable, that the
plaintiff's faith made allowance for health-based exceptions to its
rules? My understanding is that, for example, Jewish law does make
such exceptions.


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*Vance R. Koven         20 Park Plaza Ste. 633                Boston MA 02116*
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