Reading Room Document

Constitutionality of Bill Allowing Federal Employees to TakeTime Off to Participate in Religious Observances

This document addresses the constitutionality of H.R. 12040, which allows federal employees to take time off for religious observances and make up the time with overtime work. The conclusion reached is that, with recommended revisions, the bill would probably not be held unconstitutional. The questions presented for review include whether the bill violates the Establishment Clause of the First Amendment, and whether it satisfies the three-part test of having a secular legislative purpose, a primary effect that neither advances nor inhibits religion, and avoiding excessive government entanglement with religion. The document also discusses the need for the bill to be neutral and nondiscriminatory towards religion.

May 5, 1978