Can you show me in the law where the RFRA doesn't apply to public officials? I'm not saying it does/doesn't, I don't see where it automatically doesn't. I've said in this case I don't think Davis has a case because I think the government meet the necessary two criteria needed.
So, you are saying if I am public official, and a law was passed prohibiting public officials from ever consuming alcohol, this wouldn't violate my free exercise of religion? I'm not sure I go along with that view.
Again, why do you insist on throwing absurd analogies in this? Is it because you can't actually argue for this woman. Oh, duh, of course that is the reason.
I presume you are using a hypothetical ban on consuming alcohol as a communion ban? That would be the government violating a government officials Constitutional right...so of course it wouldn't be ok. It actually would be analogous in that the hypothetical is as bad as the clerks'.
The government doesn't need to, and shouldn't, have to meet RFRA in a case like this, a case where:
A government official with a non-discretionary duty refuses to perform that duty because of "religious belief," especially when the considered refusal is a blatant violation of a persons Constitutional right.
Do you need to review RFRA precedent to figure out this scenario?:
Duly elected mayor believes it is his religious duty to expand his brand of religion, whatever it is, and that he is required to do so at all costs, therefore he writes deeds to himself of 100 properties in the city, and pays nothing for them. This would be a clear violation of the Constitution, and nobody would be ok with it.
Or:
Elected Sheriff refuses to grant non-discretionary gun permits to men, because they are men, and his religious belief is that men can't have guns.
We don't need RFRA to figure out that elected, or non, government officials can't violate the Constitution. They can't do it without religion...why should they be allowed to do so "with religion?"
This isn't talking about religious paraphernalia, the wearing of a head-covering which affects only the person wearing it, we are talking about affecting peoples' private Cobatitutional rights.