Ideally, Congress decides that. You're right, these things need to be fleshed out in detail, but they should be. And if they are not, we will have a piecemeal hodgepodge based on a whole host of lawsuits and the details of each case.mike wrote:But even there, who decides what it means for a business to be "small" and "personal," and what does "ample" mean? What qualifies one as a conscientious objector? The statement is hardly well-defined in my opinion, but maybe it's as well defined as it can be. I don't know. But I think we all know this is not the end of the issue for sure.
We have many laws that treat businesses differently depending on how many employees they have. They use numbers like 250 or 500 or 10. A quick Google search says the average shop that makes wedding cakes has 7 employees. I'm guessing a small florist or wedding photographer also has fewer than 10 employees on average. So pick a number like 10, I think most people would say that's a clearly small business.
We also have principles for determining whether someone has a well-established claim to a religious objection. For instance, belonging to a Mennonite church goes a long ways toward establishing your pacifist beliefs.