One might not have expected this Department of Justice to be advocating on behalf of religious liberty and one might not look at this case as good news but arguably one might be wrong.
The Department of Justice is suing a school district in the west suburbs of Chicago for refusing to allow a Muslim teacher to make a three-week pilgrimage (Hajj) to Mecca. Before you roll your eyes or moan about the growing cultural influence of Muslims in North America consider this: how might this case affect sabbath-keeping Christians?
One of the great challenges of being a Christian in a post-Christian culture is the challenge of the sabbath. If the Barna studies from a few years back are accurate, that only about 10% of Americans really attend church weekly and only 50% of those attend twice weekly, then it seems likely that most Americans have never actually met anyone who observes the Christian sabbath as prescribed by the Westminster Standards. In such a case the traditional, confessional Reformed approach to the Christian sabbath is likely to lack plausibility in a 24/7 culture.
It is certainly true that Christians committed to Reformed sabbath observance face considerable pressure from their employers to work on Sunday. Supreme Court rulings on this are mixed. In Sherbert v Verner (1963) the court overturned the Supreme Court of South Carolina in favor of a Seventh-Day Adventist who was denied unemployment benefits because she was unable to work on Saturday. One might note it was Justice Brennan who wrote the majority opinion. In Thorton v Caldor (1985), however, the court held that a private employer who opened his business on Sunday (after the laws requiring businesses to close on Sunday were revised). Thornton was a Presbyterian who invoked a Connecticut law that states:
No person who states that a particular day of the week is observed as his Sabbath may be required by his employer to work on such day. An employee’s refusal to work on his Sabbath shall not constitute grounds for his dismissal.
Nevertheless, Justice Burger, who wrote the majority opinion, held that Thornton was protected from infringement by the state but not by a private employer.
Some observations:
Look, you can have Sundays off but we’re not going to close on Sundays and I have to hire someone to take your place so you’ll have to take unpaid leave on Sundays.