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In: Economics

Graning v. Capital Area Rural Transportation System (Mallor, 16th Ed., C.P. 10, p. 1445). Edwin Graning...

Graning v. Capital Area Rural Transportation System (Mallor, 16th Ed., C.P. 10, p. 1445).

Edwin Graning is an ordained Christian minister, who is opposed to abortion on religious grounds. He also worked for the Capital Area Rural Transportation System (“System”) as a bus driver. He did not drive a fixed route; instead, Graning’s bus acted more like a taxi, picking up riders in the nonurban areas around Austin, Texas, at the instruction of a central dispatcher, and delivering them to specified locations. In January 2010, Graning was dispatched to pick up several women and take them to a Planned Parenthood clinic. Graning called his supervisor to inform her that “in good conscience, [I can] not take someone to have an abortion” and that, in taking women to Planned Parenthood, he was concerned that he might be transporting a client to undergo an abortion. His supervisor responded that either he could pick up the women and take them to Planned Parenthood or he could resign. Graning did not want to quit his job, but he refused to drive the women to the clinic. As a result, he was told to drive his bus back to the office. When he arrived there, he was fired.

Base off the case answer True or False (explain why):

1. The System cannot successfully argue its firing of Graning is necessary to establish a precedent that would discourage other drivers from mimicking Graning, in the absence of sufficient credible evidence that the System would have faced some additional sincere religious objections similar to Graning’s.

2. If the System’s reason for firing him advances a compelling government interest, the System’s firing Graning because of his refusal to drive passengers to Planned Parenthood does not violate his First Amendment exercise of religion rights.  

3. Graning’s refusal to drive passengers to Planned Parenthood, because of his strongly held religious beliefs, can be reasonably accommodated under Title VII of the 1964 Civil Rights Act, if Graning was one of several drivers available at the time to transport riders.

4. Graning cannot complain that the System violated his religious belief, because abortion and abortion-related services make up only a small fraction of the services provided by Planned Parenthood, and it was probably unlikely that Graning would have been transporting a client to undergo an abortion.

5. Granning’s refusal to drive passengers to Planned Parenthood must be accommodated by the System, even if Granning were not an ordained Christian minister but nonetheless opposed abortion on religious grounds.

Solutions

Expert Solution

  1. First question is true. Because system is unable to establish grounds of mimicking by kther drivers who have emulated and thus lacks substantial evidence.
  2. Answer is True . The system here did not violate First amendment rights to worship and follow religious rules as the driver fails to carry social justice and took wrong action and was subverisve to good order rather than keeping his opinion or belief.
  3. False. Graning didn't violate Civil Rights Act 1964 article VII as he didn't discriminate based on gender, he just showed his strong action which repelled his religious views and thus cannot be accommodated in this law.
  4. True. Because the Employer or System allowed Graning the driver to have his religious belief and opinion but to Act in way which harms social justice is not civered in First Amendment and hence the employer is right in firing him.
  5. False. Because granning cannot impose his religious belief onto others by acting in way which causes harm or social injustice to society. his views can be respected but not necessarily implemented.

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