Two Wrongs Make a Right: Hybrid Claims of Discrimination

Authors

Ming Hsu Chen, University of Colorado Law SchoolFollow

Document Type

Note

Publication

New York University Law Review

Year

2004

Citation Information

Ming Hsu Chen, Two Wrongs Make a Right: Hybrid Claims of Discrimination, 79 N.Y.U. L. Rev. 685 (2004), available at https://scholar.law.colorado.edu/faculty-articles/483.

Abstract

This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.

Comments

"Copyright © 2004 by Ming Hsu Chen."

Copyright Statement

Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required.