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US Federal Constitution QUESTION #5811
Question 1
A state law requires all private and public employers to give employees a day of rest on their chosen 'Sabbath.' An employee at a large tech firm demands Sundays off. The firm fires him because Sundays are their busiest days. The employee sues under the state law. The employer argues the law violates the Establishment Clause. Is the law constitutional?
  • Yes, because it protects the free exercise rights of all employees.
  • Yes, because the law has a secular purpose of ensuring a day of rest for workers.
  • No, because it has the primary effect of advancing religion by giving an absolute preference to Sabbath observers.✔️
  • No, because it fails the 'neutrality' test by targeting only religious days of rest.
Correct Answer Explanation
In Thornton v. Caldor, the Supreme Court held that a law giving an absolute preference to Sabbath observers over all other interests violates the Establishment Clause because it lacks a secular purpose and primary effect that is neutral, essentially 'endorsing' religious practices over secular business needs.