Shahar v. Bowers

In my view, this case is not primarily about religion or expression or equal protection. Rather, the constitutional deprivation suffered by Shahar1 is the burdening of her First Amendment right of intimate association. In the public employment context, an employee’s intimate association rights must be balanced against the government’s legitimate concerns with the efficient functioning of its agencies. I therefore disagree with the majority’s holding that strict scrutiny ought to be applied in this case. Nonetheless, utilizing a balancing test, I conclude that Sha-har is entitled to…