Mail Archive sponsored by Chazzanut Online

jewish-music

<-- Chronological -->
Find 
<-- Thread -->

RE: Kol Isha: legal implications



   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


---------------------- jewish-music (at) shamash(dot)org ---------------------+


<-- Chronological --> <-- Thread -->