we sometimes have to recognize that
everybody's rights have to respected.
The issue here includes forcing Sikhs or Muslims or Orthodox Jews to remove their faith-mandated head coverings, or stopping Muslims from participating in daily prayers, or prohibiting Hindus (or Witnesses) from storing their vegetarian lunch at the work site - where the employer provides only meat lunches. (As a religious minority I am very sensitive to those issues).
As a dues paying, card carrying ACLUer, I have followed "Freedom of religion" ("establishment" and "free exercise") issues for many years. I am not sure where the observation that workplace "free exercise" and religious tolerance would be
"at the expense of other employees' civil rights."I note
"The concern here is that employers would have serious difficulty resolving instances where an employee posts a sign reading 'God hates fags' in his office or cubicle; where workers proselytize on the 'sins of the homosexual lifestyle' over lunch and on breaks; where a social worker proffers a religious objection to being the case manager or counselor for a youth who is gay or transgender; or where a truck driver on 24 hour driving shift who gives a religious reason for refusing to drive with an co-driver who is gay, lesbian, bisexual or transgender," wrote HRC's Smith and Christopher Labonte, legislative director."
As to
"The concern here is that employers would have serious difficulty resolving instances where an employee posts a sign reading 'God hates fags' in his office or cubicle." - that's life in a diverse democracy. I had an anal sphincter in the cubicle next to me who had pictures of aborted fetuses on his wall.
As to
"where workers proselytize on the 'sins of the homosexual lifestyle' over lunch and on breaks" -- I had a
MANAGER who was a Stake President of the LDS (Mormon Church) who pushed the envelope of the "non-proselytization" rule -- but after we sat down and discussed the matter he backed off, and I did get my merit increases and promotions. With "Rapture Evangelicals" - they just don't get the message - but when proselytization creates an unpleasant work environment for the target - proselytizee, that is a violation of law and would remain so. And it isn't just gays - I am a heathen who has never accepted Jesus Christ and is condemed to eternal damnation - I am quite happy with Moshe Rabbainu (that is how Orthodox Jews refer to Moses) and the Rambam (that is how Orthodox Jews refer to Moses Maimonides) thank you.
As to
"a social worker (who) proffers a religious objection to being the case manager or counselor for a youth who is gay or transgender" I would say it is analogous to an obstetrician or obstetrical nurse who refuses to participate in abortions.
Finally, as to
" a truck driver on 24 hour driving shift who gives a religious reason for refusing to drive with an co-driver who is gay, lesbian, bisexual or transgender," that is a grounds for dismissal . Period. As to that point - I guess because I am a Progressive Liberal and an ACLUer - I am always photographed with Muslim (including Palestinian) co-workers to show how harmoniously Jews and Arabs work together at XYZ Corp. And I am always the straight guy who mentors young gay engineers, and the first line manager who gets gay techies good promotions and pay raises.