Reply to But religious accommodation is a thing, right?

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[quote=Anonymous][quote=Anonymous]No, I do not support Kim Davis, and yes I do support marriage equality.

That being said, I am interested in a discussion of the law of religious accommodation.  I *think* that the deal is that changes must be made to [i]the way[/i] an employee has to perform the duties of the job to accommodate religion, but all of the duties of the job must be performed.  Is that right?  For example, uniform requirements can be modified for religious reasons.  I know that working hours can be changed to accommodate things like the sabbath (but the same number of hours must still be worked).  But are there any circumstances under which an employee can be entirely excused from performing any functions of the job in order to accommodate religious beliefs?[/quote]

She was given a religious accommodation by the judge.  Allow her deputy county clerks to issue the marriage licenses.  She would not have to be personally involved in the process.  But she refused that; she barred her deputies from complying with the court order.  At that point, this isn't about a personal religious exemption; this is an obstruction of a court order.  In point of fact, one could even say that in addition to the court decision, she is also violating the first amendment.  While she does have a right to hold her own personal religious beliefs, so do the county license petitioners.  They are entitled to participate in a religious joining if they are members of a religion that condones their marriage.  The first amendment prohibits the government from impeding the free exercise of religion.  By both refusing to do her job and refusing to allow her deputies to do her job, she is actually causing the government to abridge the free exercise of religion to the license requesters.  She does not have that right.  She was correctly jailed and I do hope that she remains jailed until she complies with either the directive or the accommodation (either issuing the licenses or allowing her deputies to issue the licenses) or resigns from her elected office because she cannot comply with the job requirements.  If she resigns, then the state will have a process for replacing an elected official.

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