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Steven H. Aden: The Employment Non-Discrimination Act

By Alliance Alert

ADF Attorney Steve Aden, writing at The Federalist Society: "[I]t is a significant burden on a religious organization to require it, on pain of substantial liability, to predict which of its activities a secular court will consider religious. The line is hardly a bright one, and an organization might understandably be concerned that a judge would not understand its religious tenets and sense of mission. Fear of potential liability might affect the way an organization carried out what it understood to be its religious mission. Non-profit religious corporations assert this burden is difficult to bear, and is magnified greatly by the approach of some courts in treating the constitutional defense to a Title VII suit against a religious organization as a matter for proof on the merits rather than a jurisdictional issue. By expanding Title VII and yet relying solely on Title VII's existing religious organization definition, ENDA could thus lead to a substantial increase in litigation."

Full post as published by Constitutionally Correct on March 23, 2010 (boomark / email).