Two Wrongs Make a Right: Hybrid Claims of Discrimination

26 Pages Posted: 18 Jan 2010 Last revised: 23 Feb 2010

Date Written: January 15, 2010

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.

Keywords: discrimination, race, religion, September 11, equal protection

Suggested Citation

Chen, Ming Hsu, Two Wrongs Make a Right: Hybrid Claims of Discrimination (January 15, 2010). New York University Law Review, Vol. 79, No. 600, p. 101, 2004, Available at SSRN: https://ssrn.com/abstract=1537404

Ming Hsu Chen (Contact Author)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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