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March 6, 2019

The Supreme Court Has a Chance to Protect Sabbath Observance

There’s reason to hope it will overturn its 1970s jurisprudence.

In 1972, at the encouragement of a group of religious-liberty activists, Senator Jennings Randolph of West Virginia—a member of a small Baptist denomination that observes the Sabbath from Friday night to Saturday night—pushed for an amendment to the Civil Rights Act that would require businesses to make reasonable accommodations for employees’ religious observance. Although the amendment was made law, in 1977 the Supreme Court declined to apply it to the case of Larry Hardison, fired by TWA for refusing a Sabbath shift. Nathan Lewin, who helped to draft the language of Randolph’s amendment, hopes the court will now hear the similar case of Darrell Patterson, and rule differently:

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