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Oct. 30: Federal Appeals Court Date for Atlantic City First Responder

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October 25, 2024
Court Date for Atlantic City First Responder | First Liberty Institute

by Jorge Gomez • 2 minutes

We have a major court date coming up in a case that could impact millions of religious Americans in the workplace.

On Oct. 30, First Liberty will argue our case at the 3rd U.S. Circuit Court of Appeals on behalf of Alex Smith, a first responder, pastor and chaplain in Atlantic City.

For over 20 years, Alex Smith has served and led in his community, working for the Atlantic City Fire Department and as pastor of Community Harvesters Church. Alex’s religious beliefs and conscience require him to wear a short beard to set a godly example for his congregation and follow the examples of the prophets and Jesus in Scripture.

The fire department, however, refused to grant Alex a religious accommodation to its grooming policy, even though wearing a beard would have no impact on Alex’s job as air mask technician. His duties are to fit masks on his colleagues and refill air tanks, not to fight fires. His employer never even discussed Alex’s request with him or offered any accommodation.

So, although he’s never needed to wear a mask to perform his job, Alex still must shave, which burdens his conscience every time. In other words, the department is forcing Alex into an impossible position, where he has to violate his religious beliefs in order to keep his job.

Putting Americans in that untenable position isn’t just wrong. It’s illegal.  

The U.S. Supreme Court recently made clear in Groff v. DeJoy—our Faithful Carrier case—that federal law requires employers to accommodate religious employees. The only way that employers can avoid this requirement is to show a “substantial increased cost” to the operation of their business.

In Alex’s case, the department hasn’t met the legal standard, because our client’s beard would have no impact on the department’s operations, or Alex’s ability to safely do his job. The department could easily accommodate Alex without any problems. He can safely grow a beard and continue to serve and help keep his colleagues safe. But the department won’t budge. It won’t grant any accommodation, which violates the law.

As we prepare for this important oral argument, we need your support. Please pray for:

  • Associate Counsel Kayla Toney, who will be arguing the case. Your prayers will supply Kayla with the necessary spiritual support.
  • The judges who will hear this case. Please pray for their wisdom and discernment.

We want to thank you for standing strong alongside Alex and First Liberty. Your prayers, encouragement and support have been critical in this battle. We would not have been able to get this far without you.

With oral argument just a few days away, this is a special opportunity for you to impact the future of religious liberty in America. More and more Americans are being singled out in the workplace. Employers continue defying the law and the Supreme Court by punishing, harassing or even firing workers over their religious beliefs.

In this final stretch, your support can make a huge difference. It’s about far more than one man’s beard. A victory for Alex would be a win for countless employees facing religious discrimination.

Please give to First Liberty today.

Learn More:

10 National Organizations Join First Liberty in Supporting Our Client Pastor Alex Smith

Atlantic City Refuses to Accommodate First Responder’s Religious Beliefs

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