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RE: Kol Isha: legal implications
- From: music <music...>
- Subject: RE: Kol Isha: legal implications
- Date: Tue 04 Mar 2003 21.26 (GMT)
I wonder if anyone has thought about the legal implications of Kol
Isha. In the US, for example, would cancellation of a woman's
performance be construed as a violation of Title VII of the Civil
Rights act of 1964, which prohibits employment discrimination based on
sex? Have there ever been precedents relevant to this case?
I'm not a constitutional lawyer and don't play one, etc., but--quite aside
from the Jewish/employment/religious/freedom issues involved--which I won't
address now--the above is most implausible--and should be.
The Constitution always trumps statutory law. The First Amendment
guarantees freedom of religion; that takes precedence over Title VII, and
it should.
Otherwise, among many other things, you could have the State--the
government--dictating all sorts of things to Jews and other religious
groups regarding religious practice, in synagogue/churches/etc. and
elsewhere. An inconceivable situation.
--Robert Cohen
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