Friday, August 6, 2021

Level-up Remedies for Religious Discrimination

Note by Mark C. Gillespie at the Harvard Journal of Law & Public Policy.

"This Note argues that where substantive, explicit constitutional rights guaranteed by the Free Exercise Clause have been violated alongside the Equal Protection Clause, the Constitution may require courts to favor a level-up approach. In other words, courts should presumptively apply level-up remedies in religious discrimination cases involving free exercise violations." [p. 963]