Freedom of Religion – Part 4

Church Law and Tax 1989-07-01 Recent Developments Freedom of Religion Richard R. Hammar, J.D., LL.M.,

Church Law and Tax 1989-07-01 Recent Developments

Freedom of Religion

A federal court in California ruled that a public employee could not be terminated on the basis of her religious practices. The employee, who had served as a secretary to a federal judge, alleged that she had been fired because the judge found her religious practices to be offensive. Specifically, she alleged that she was involved in the Charismatic Renewal Movement within the Roman Catholic Church, and that her religious practices included singing prayers and chants. While at the workplace, however, her religious practices were limited to silent prayer before meals. The court concluded that the judge would have violated her constitutional right to freely exercise her religion if he fired her solely because he was offended by her religious practices. It relied on an earlier decision in which a federal court in Tennessee ruled that an employee’s constitutional rights would be violated if he were fired for not attending his supervisor’s church. Garcia v. Williams, 704 F. Supp. 984 (N.D. Cal. 1988).

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