“Why would you think that he will lose?”
A court will not want to set a standard where public servants and emergency responders can refuse to conduct assignments due to a religious conflict.
Do you want Muslim firefighters to refuse to extinguish a fire a a Christian families home?
Do you want a Christian paramedic to refuse to give medical aid to non-Christians?
Do you want Aryan Nation police officer to refuse to enter a synagogue during an emergency?
Do you want a Christian paramedic to refuse to give medical aid to non-Christians?
Do you want Aryan Nation police officer to refuse to enter a synagogue during an emergency?
Extinguishing fires and rendering medical aid are legitimate duties of public servants.
No reasonable person would tolerate a public servant refusing to enter a synagogue (or anywhere else) during an emergency... but that's not what we are talking about here, is it?
These officers were asked to volunteer for a public relations function. When the requested 9 could not be raised, they were ordered to go.
Unfortunately, for the Chief and the city, it involved religious services.
Read Everson vs Board of Education because they will most likely be appealing to it in their lawsuit.
"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State.'" 330 U.S. 1, 15-16. -- Justice Hugo Black