REFUSAL page 3

ous to many people, namely dis-
respect for flag and country," he
said.
Mr. Fink said when religious
rights are not clearly at risk,
private employers have no oblig-
ation to tolerate speech they
deem offensive. He made an
analogy to a basketball player
who shaves his head and tattoos
an anti-Semitic symbol to his
scalp.
"Would that player have a
First Amendment right to insist
that he be allowed by a profes-
sional basketball team to display
that?" Mr. Fink asked. "I think
not."
But the views of Mr. Loben-
thal and Mr. Fink were disput-
ed by other constitutional
experts.
Howard Simon, executive di-
rector of the Michigan Chapter
of the American Civil Liberties
Union, said Mr. Abdul-Raufs
critics miss the point.
He noted that under the fed-
eral civil-rights legislation
known as Title WI, employers
are required to make reasonable
accommodations for an employ-
ee's religious beliefs. Under this
law, it is irrelevant that a per-
son's religious beliefs may be re-
garded by others as misguided,
Mr. Simon said.
Citing a U.S. Supreme Court
decision, Mr. Simon said the
"test is not the accuracy of a per-
son's beliefs; it's the sincerity of
his beliefs.

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"If he has a sincere personal
religious view that leads him not
to do something, we as a coun-
try that is supposed -uo be pro-
tecting the freedom of religious
minorities need to respect
that."
Mr. Simon predicted Mr. Ab-
dul-Rauf would have won a
slam-dunk victory had he taken

the league to court.
"There is something shame-
less about the league trying to
coerce somebody to participate
in a ceremony that celebrates
freedom," he said.
Frederick Galicks, a Brigham

c-/\

111

