Constitutional Law Keyed to Stone
Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos
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The Appellee was a janitor at a nonprofit facility open to the public and run by the Mormon Church. The Appellee was fired because he failed to qualify for a certificate stating he was a member of the church and that he was eligible to attend its temples because he observed the church’s standards involving church attendance, tithing and abstinence from caffeine, alcohol and tobacco. The district court held that Section:702 of the Act, allowing a secular nonprofit organization to discriminate in employment on the basis of religion, violated the Establishment Clause of the First Amendment of the Constitution. The Supreme Court of the United States (Supreme Court) used the Lemon test to check the constitutionality of the exemption of religious organizations from religious discrimination laws. “Under the Lemon analysis, it is a permissible legislative purpose to alleviate significant governmental interference with the ability of religious organizations to define and carry out their relig ious missions.” The state’s interest in guarding against interference in religion allows it to not require religious organizations to strictly follow laws that apply to others. The exemption is rationally related to this end that it seeks to further.
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