Title: Accommodationism and Religion | The First Amendment Encyclopedia
Headings: The First Amendment Encyclopedia
The First Amendment Encyclopedia
Accommodationism and Religion
By Michael P. Bobic, Updated 2017 by John R. Vile
Accommodationism is a way to interpret First Amendment
Accommodationism arises in cases of public observance of religious holidays, symbols
Five tests used by courts to determine First Amendment religion claims
Leglislation has sought to accommodate religion
Accommodationism risks violating the First Amendment
Court's rulings prohibiting religious practice are controversial
Accommodationism and strict separationism are two leading First Amendment theories

Content: Accommodationist arguments are usually made when the Supreme Court considers public observances of religious holidays or symbols or religious practice in public schools. In this photo, visitors to the Illinois State Capitol observe a privately funded nativity scene after entering the building in 2008. For the first time in state history, a nativity scene was on display inside the Capitol. According to state law, any expression of religion on government property must be funded and constructed by the private sector. ( AP Photo/Seth Perlman, used with permission from the Associated Press)
Leglislation has sought to accommodate religion
The Religious Freedom Restoration Act of 1993 (FRFA) has sought to accommodate religion by requiring government to apply strict scrutiny in cases where governmental regulations interfere with the free exercise of religion. Although the Supreme Court struck some provisions of this law as they apply to states, in Burwell v. Hobby Lobby Stores (2014) it ruled that three closely held corporations whose owners had religious objections were exempt from financing certain forms of contraception under the federal Patient Protection and Affordable Care Act of 2010 (better known as Obamacare) that they considered to be abortifacients. Similarly in Zubik v. Burwell, 578 U.S. ____ (2016), the Court remanded similar cases to lower courts after seemingly finding a way that individuals could receive contraceptive coverage without implicating religious providers who opposed it. Equal Employment Opportunity Commission v. Abercrombie and Fitch Stores, Inc., 575 U.S. ____ (2015) is another case related to religion accommodation. In that case, the Supreme Court ruled that an employer could be responsible for violating Title VII of the Civil Rights Act of 1964 for refusing to hire an individual who was wearing a head scarf, even though the employer had not specifically asked whether she was wearing the apparel for religious reasons. Accommodationism risks violating the First Amendment
When Congress or state governments try to accommodate the sincere religious beliefs of citizens, they risk violating the establishment clause of the First Amendment or the equal protection clause of the Fourteenth Amendment.