Trans World Airlines, Inc. If the employer seeks to argue that the accommodation creates an texas gay marriage amendment hardship as a religious matter, a court may find these earlier undue hardship cases inapplicable, as they focused on the imposition of secular business practices on religious employees.
Code Ann. Refusal to serve could also result in a greater than de minimis financial impact if customers boycott the boutique or expose it to negative press coverage as the result of the employee's actions. States with laws seeking texas gay marriage amendment protect certain religious or moral values over religious values of diversity and equity, may find an increasingly—and perhaps even visibly—segregated marketplace.
Kohen notes that there have been a small number of cases applying RFRA in disputes involving private parties, where the defendants invoked RFRA to avoid liability under federal law.
Whether same-sex marriage is a good idea should be of no concern to us. Here, of course, the wrinkle is that the court would be enforcing a state law promoting religious and moral freedom over the constitutional protection for religious freedom.
Scenario 3: Moral Convictions Square Off Against Religious Convictions In our final hypothetical, a religious employer who wants to serve LGBTQ customers squares off against an employee who believes that serving those customers is sinful.
In this part, we review some of its most significant recent decisions on religious freedom.