Workplace Religious Freedom Act

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Significant facts
In 2009, Oregon State Legislature passed the Oregon Workplace Religious Freedom Act (OWRFA). The allows employees to observe their religious practices while at work. Employers are required to grant employees the right to wear religious clothes, grow beards, and take specific days off for religious purposes. The bill specifically states that public schools are excluded from the act. As a result, Sikhs have been barred from teaching in Oregon due to the fact they wear religious clothing, including turbans.
Normally religious organizations would commend OWRFA for its religious leeway. However, the religious freedom that Oregon is trying to expand on is now facing a potentially discriminatory situation. Oregon has already in acted a law that restricts teachers from wearing any religious paraphernalia when fulfilling any of their duties as a teacher in a public school; this law was challenged and upheld by the Oregon Supreme Court.
The uniqueness of the position a public school teacher holds lead to a statement by the spokesman for the Oregon State Department of Education, “In this case, the concern that a public school teacher would be imparting religious values to their students outweighs that teacher’s right to free expression.” Be that as it may, Portland attorney, Hari Ham Singh Khalsa disputing this statement stated, “It’s hard for me to imagine that just because somebody is wearing something that is required by their religion that this is in any way suggestive to students of an endorsement of the religion.” Understanding this presents a complex situation between the separation of church and state and whether the Establishment Clause has been violated.
Issue
Is it a violation of the Establishment Clause ...

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... Act is neutral and generally applicable for the fact that it is not singling out any one specific religion, nor is Oregon showing any hostilities towards religion or religious beliefs. The general welfare of the children is the main concern within a public school system, and the Act places minimal burdens upon the teachers. With the Act excluding teachers in the public school system, Oregon is maintaining the separation between church and state. Children do not have the capabilities to make educated decisions for themselves, which is what this Act is protecting. Adults have a greater understanding of different religions and religious beliefs and are capable of better toleration and respecting others beliefs.

Works Cited

Epstein, Lee, and Thomas Walker. Institutional Powers and Constraints. 8. Thousand Oaks: CQ Press, 2013. Print.
The United States Constitution

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