ABSTRACT
This chapter argues that the Asymmetry Thesis cannot be defended, and that much of the time, sex equality principles are properly applied to religious institutions. It discusses the controversial idea that facially neutral laws may be applied to religious institutions even if they have a severe adverse effect on religious practices. The Asymmetry Thesis is in grave tension with the Donald Smith principle, which would seem to permit application of antidiscrimination laws, facially neutral as they are. The strongest challenge to the principle is that many facially neutral laws do impose substantial burdens on religion; that they lack sufficient liberal justification; and that institutions, including judicial institutions, should not be deemed incapable of drawing the appropriate lines. American law makes the basic prohibitions on employment discrimination inapplicable where religion, sex, or national origin is "a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise".
