The U.S. Conference of Catholic Bishops has designated the fourteen days from June 21to July 4 as its “fortnight for freedom,” during which time the bishops will make claims, as they have in the past, that their faith, and indeed the entire state of religious liberty in this nation, is under attack. Don’t be fooled.
By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 10:21am
Remarkably, there are only 16 states that currently have workplace non-discrimination laws that are fully inclusive of LGBT people. This leaves LGBT people vulnerable to workplace discrimination in well over half of the country–an unacceptable situation that must be changed.
To address this, last week, the Employment Non-Discrimination Act (ENDA) was reintroduced in Congress. The legislation would prohibit employment discrimination based on sexual orientation and gender identity in most American workplaces, a critically important step towards full equality for LGBT people.
By Richard Muniz, Reproductive Rights Fellow, ACLU of Illinois at 1:59pm
Today, the ACLU and the ACLU of Illinois filed a friend-of-the-court brief in two additional appeals challenging the Affordable Care Act's ("ACA") contraceptive coverage rule. Our brief urges the Seventh Circuit Court of Appeals to reject requests by secular, for-profit companies and their owners to block enforcement of the rule. The district court in both cases refused to grant the companies' requests, and they seek to overturn those decisions.
By Dena Sher, ACLU Washington Legislative Office & Tyler Ray, ACLU Washington Legislative Office at 3:47pm
This was cross-posted to the American Constitution Society blog.
The impact Superstorm Sandy had on homes, businesses, nonprofits, and houses of worship across the Northeast was devastating. And still, in the wake of the storm, these institutions reached out to their communities to provide the help they could. At the same time, they began the process of their own rebuilding; for congregations, this meant repairing their sanctuaries and sacred spaces.
By Heather L. Weaver, ACLU Program on Freedom of Religion and Belief at 11:25am
Thirty million. That’s the amount of tax dollars that could be diverted annually from New Hampshire’s coffers to private schools by the year 2022 if the state is allowed to implement its new Education Tax Credit Program. Under the tax credit program, in exchange for donations to “scholarship organizations,” New Hampshire businesses will receive tax credits equal to 85 percent of the amount they donate. The scholarship organizations, in turn, will use the funds to award scholarships to private school students, including those attending religious schools. In short, rather than paying their taxes to the state, businesses will instead be able to direct money owed to the state toward religious education.
By Brigitte Amiri, ACLU Reproductive Freedom Project at 4:20pm
Sheer repetition of an incorrect argument does not make that argument correct. This holds true for the lawsuits challenging the federal contraception rule, which ensures that millions of women will have access to contraception without a co-pay. Those who are trying to eliminate the rule in the courts have now filed almost 45 lawsuits. They can file 100 lawsuits, but it won’t change the legal analysis. As we’ve said before, the contraception rule is constitutional. For the last five decades, courts have held that rules designed to eradicate discrimination – like the contraception rule – cannot be trumped by a business owner’s religious beliefs.
Yesterday, the ACLU and the ACLU of New Mexico filed an amicus brief in Elane Photography, LLC v. Willock, an important antidiscrimination case pending before the New Mexico Supreme Court. Elane Photography is a wedding photography studio that advertises its services to the general public but refuses to take pictures for wedding or commitment ceremonies involving same-sex couples. New Mexico is one of 21 states (plus the District of Columbia) that prohibit businesses who hold themselves out to the general public from discriminating against customers based on their sexual orientation. But Elane Photography argues that the law cannot be applied to its services because – unlike the services provided by a restaurant or retail store – photography is a form of expression and forcing Elane Photography to provide services on an equal basis would therefore unconstitutionally “compel speech.”
By Emily Herx, a teacher at a Catholic school in Indiana who was fired after the school discovered that she used IVF to try to become pregnant. The teacher filed EEOC charges and later a lawsuit in federal court alleging discrimination on the basis of sex and disability. The ACLU has filed a friend-of-the-court brief in the case.
I did not imagine when I began teaching at St. Vincent de Paul School that I would find myself in this position today. I loved teaching, and was devoted to my profession and to my students. When I was fired, I was shocked and saddened.
By Christina Brandt-Young, Attorney, ACLU Women's Rights Project & Jenny Lee, Staff Attorney, American Civil Liberties Union at 5:49pm
Across the country teachers at religiously affiliated schools are being fired for their reproductive choices. What’s worse, the schools are unapologetic, claiming they have the right to discriminate because of their religious beliefs.
Emily Herx, a former Language Arts and Literature teacher at St. Vincent de Paul, a Catholic School in Indiana, was fired after she requested time off to receive in vitro fertilization (IVF) treatment. She is suing the school for sex and disability discrimination in federal court, and today we filed a friend-of-the court brief to support her legal arguments. A few states over, Jane Doe (a pseudonym), an employee at a Catholic school in Missouri, was fired for becoming pregnant outside of wedlock. Today the ACLU of Kansas & Western Missouri filed a complaint on Jane’s behalf with the Equal Employment Opportunity Commission for sex discrimination.
Another private company – this one sells lawn and snow removal equipment in Michigan – is challenging the federal rule that requires employers to provide insurance coverage for contraception without a co-pay. As we’ve writtenbefore, these cases are meritless and harken back to a time that we should not repeat. For example, in 1966, the Piggie Park restaurant in South Carolina refused to serve African-Americans because integration was against the owners’ religious beliefs. The same argument was used to try to get around equal pay and labor protections. The courts did not allow religion to justify discrimination then, and they should not do so now.
