If there are such Sikhs, I haven't met them. As I touched on earlier, the "5 Ks", or the obligations of a baptized Sikh, include long hair, not wearing a turban:
BBC - Religions - Sikhism: The Five Ks
I think what's actually important here is that asking an observant Sikh to remove his turban demonstrates cultural insensitivity and is an affront to his dignity.
In my opinion, understanding that the turban serves as such an importance from a cultural perspective would be reason enough for government to consider assigned religious value as well.
Our consitutional rights do not prohibit cultural insensitivity as a generality.
Interestingly, though, our hypothetical Sikh friend has another religious obligation that the courtroom staff would probably care quite a bit about: the kirpan. Baptized Sikh men are obliged to carry a dagger or sword.
Is religious obligation enough reason to allow someone to bring a weapon into a courtroom?
Not as a rule and the bill touches on this. A knife may have religious significance but, it, unlike a turban can cause harm to others. When safety is in question, the government CAN lawfully request that such an article be removed.
I interpret it differently: I don't think this is just a matter of protecting First Amendment rights; I think it sets up a situation where religious concerns will be the overriding factor on decisions that affect a wide spectrum of concerns.
In particular, I worry that this will give a "get out of jail free card" to churches and religious individuals on all sorts of issues. Will it be considered a "substantial burden on the exercise of religion" to require a church to get a retrofit to allow access for persons with disabilities? Could someone argue that a county should widen Road A instead of Road B because the congestion on Road A (his route to church) amounts to a "substantial burden" on his exercise of religion?
Churches are already exempt from providing ADA accessible facilities except when they have employees in hire. If they do, they are legally bound to accommodate the needs of their employees. Most either have ADA accessible features or plan to remedy this through their building funds or relocation.
As most churches have employees, I'm curious as to how big of an issue this is.
It could be a substantial burden on a church to require that they pay for rennovations if such funding competes with that needed to execute mission related tasks.
I can honestly tell you that I've never been in a church that lacks ADA accessible facilities. Not saying that they don't exist, but, in my experience, churches aim to be as accommodating as possible to their congregations, whether legally obligated to do so or not.
Could someone argue that the county should widen one road vs. another to benefit a church? Sure. They could argue this before the bill passed. They can cite substantial burden, but, the government still has the responsibility to consider its own interests, which, in this case, would be the best interests of the public at large vs. a church congregation.
My understanding is that the bill doesn't guarantee anything, save, the government being required to consider burden upon religious freedom if a substantial burden is cited.
I think that religious issues are just one of many concerns, and it's government's job to try to strike the most appropriate balance between all of them. AFAICT, this law effectively says "screw that balance in favour of religions, as long as the effects on everything else aren't completely unacceptable."
It is the government's job to consider the interests of all parties involved. I don't see where this bill negates this. Laws within a state should support our constitutional rights.
People will still go to court and anti-discrimination laws, fair housing laws, state employment related laws, etc. will be weighed against other considerations.
My understanding is that you don't have a
constitutional right to the services or memberships of a
private establishment. You have the constitutational right to equal protection under the law.
If anti-discrimination laws are lacking, that's a significant issue and could give one group or person more leverage in court.
Of course. It's offensive and unnecessary on several levels. I just think that any religious concerns are minor compared to the more important factors.
It will remain a balancing act. One group or person will always be favored over another.
See... this is part of why I disagree with religious exemptions to the law, because they inevitably end up with the government judging what is and isn't "legitimate" religious expression.
This bill focuses on substantial burden. Logically, substantial burden would have to be demonstrated.
There was a case here in Ontario a few years ago. In one of our government-run Catholic schools (which are a whole kettle of fish that I probably shouldn't get into because it'll just get me riled), a lesbian student at one of these Catholic schools wanted to bring her girlfriend to the prom. The school refused, and she brought a case to the Ontario Human Rights Tribunal, where the school board argued that it would violate Catholic doctrine to allow a student to bring their same-sex boyfriend/girlfriend to an official school function. However, the Tribunal decided that Catholic doctrine doesn't actually prohibit a lesbian student bringing her girlfriend to the prom, and ordered the school to let the girlfriend come.
Do I want the courts (and quasi-judicial bodies like human rights tribunals) ruling on the legitimacy of other people's religions? Not at all... but when the law allows for special treatment on the basis of religion, it's inevitable.
The school had the right to refuse just as she had the right to protest it. I'm glad that things worked to her benefit.
Of course. But when those rights are in conflict, it's impossible not to choose a side.
The seeming projection in this thread is that it's just not possible for the government to discriminate against a religious group or person. That makes me uncomfortable. Christians, in particular, are painted too often as unrelenting bigots and that's just not always the case.
Regardless, the constitutional freedoms of all should be considered and valued.
Huge parts of our lives, communities, and societies are in the hands of private businesses. Telling those private businesses that they're free to discriminate as they see fit is effectively the same as telling the people being discriminated against that they don't have a right to a community or a society.
I think that often, maximizing liberty is a matter of putting restrictions in place that limit the freedom of people to limit the freedom of others.
Private business should be able to operate with as minimal government intervention as possible and the people should regulate how successful a business becomes in my opinion.
Time will tell how this translates in day to day application. I remain flexible to adjust my views as I learn and see.