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.
As we’ve written before, history has a way of repeating itself. Private companies that are challenging the federal rule that requires employers to provide insurance coverage for contraception without a co-pay are also repeating their same, misguided argument that the rule violates their religious liberty. Yesterday the ACLU filed an amicus brief in the most recent case raising these arguments – this time in a case brought by a lumber company.
By Brigitte Amiri, ACLU Reproductive Freedom Project at 4:31pm
Yesterday the ACLU filed a friend-of-the-court brief in the first challenge to the federal contraceptive rule to reach an appeals court on the merits. The federal contraceptive rule requires health plans to cover contraception without a co-pay, and despite the plethora of lawsuits, the rule is clearly constitutional.
By Brigitte Amiri, ACLU Reproductive Freedom Project at 9:45am
There are now close to 40 challenges to the federal birth control rule, which ensures that employees have insurance coverage for contraception. Why so many lawsuits, you ask? The answer is not entirely clear, but one thing is certain: each case repeats the same misguided argument that an employer’s religious beliefs can be used as a license to discriminate against its female employees. As we have explained in greater detail their legal claims are unsupported by a long history of cases. We’ve filed friend-of-the-court briefs in several contraception suits discussing those cases, all of which rejected other attempts to use religious beliefs as a basis for discrimination. In the last week alone, we’ve filed three briefs: one in a case in Michigan with the ACLU of Michigan, and two others with the ACLU of Illinois.
By Heather L. Weaver, ACLU Program on Freedom of Religion and Belief at 1:30pm
Today, many public schools will recognize and celebrate Constitution Day, the anniversary of the signing of the U.S. Constitution. Two hundred and twenty-five years later, you might think we could all agree on a few simple principles regarding how that document, which was amended a few years later to include the Bill of Rights, applies in the schools that will be studying it. Unfortunately, when it comes to the Constitution’s religious freedom protections, a handful of groups are pushing public schools to adopt a lopsided view of religious liberty that could further marginalize students of minority faiths, as well as non-believers, denying them the full benefit of the public education experience.
By Dr. A. Scott Henderson. When I was a first-year teacher, I had the opportunity to tutor an eighth-grade boy (I’ll call him “John”) who had recently moved to the United States from India. We spent an hour together each day for an entire school year. During that time I got to know John pretty well.
Paul Wood is a minister at the First United Methodist Church in Cheraw, South Carolina. His blog is part of this week’s “Religious Freedom Goes to School” blog series.Share your story about religious freedom in South Carolina’s public schools by reporting potential religious freedom violations to us.
A federal court in Colorado today put a temporary halt on the implementation of the Obama administration’s contraceptive coverage rule, with respect to one company. The contraceptive coverage rule requires insurance plans to cover contraception and stop routinely discriminating against women. The decision, if upheld, could pave the way for businesses to use their owners’ religion as an excuse to discriminate.
