Recommended Citation
Ming Hsu Chen,
Two Wrongs Make a Right: Hybrid Claims of Discrimination, 79
N.Y.U. L. Rev.
685
(2004).
Available at: https://repository.uclawsf.edu/faculty_scholarship/1918
Publication Date
2004
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 gen erally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith Il's hybridity exception, thus meriting height ened judicial scrutiny and increased solicitude from courts.
Document Type
Article
Publication Title
New York University Law Review