Using Religion to Discriminate

With increasing frequency, individuals and institutions are attempting to claim a right to refuse to provide services or care based on religious objections. For instance, religiously affiliated hospitals could refuse to perform medically necessary abortions for pregnant women in life-threatening situations, or a landlord could refuse to rent to a family simply because they are Muslim. Through litigation, advocacy and public education, the ACLU works to defend religious liberty and protect people of all faiths from religious discrimination. Learn more >>

05/03/2013

ENDA

The LA Times Agrees – ENDA’s Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office at 11:08am

On Thursday, the Los Angeles Times published a powerful editorial arguing that a blank check for religiously affiliated organizations – far beyond houses of worship – to discriminate in employment against LGBT people should not be the price paid to enact the long-sought and critically important Employment Non-Discrimination Act (ENDA).

12/18/2012

Using Religion to Discriminate

Businesses Do Not Have a License to Discriminate

By Joshua Block, LGBT Project at 4:24pm

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.”

08/23/2012

Wildflower Inn

Settlement In “No Gay Reception” Case Shows that Public Businesses Do Not Have a License to Discriminate

By Joshua Block, LGBT Project at 2:25pm

Earlier today, the ACLU and the ACLU of Vermont announced a fantastic settlement that we obtained in Baker & Linsley v. Wildflower Inn. We brought the case on behalf of a same-sex couple who were told they could not have their wedding reception at a Vermont resort called Wildflower Inn because of the owner’s personal religious beliefs about marriage. As part of the settlement agreement, Wildflower Inn agreed that Vermont’s public accommodations law prohibits unequal treatment of same-sex couples, which includes turning away same-sex couples seeking to have a wedding reception, failing to respond to inquiries from those couples, or discouraging those couples from using the facilities. The resort also agreed to pay $10,000 to the Vermont Human Rights Commission as a civil penalty and to place $20,000 in a charitable trust to be disbursed by the couple. The plaintiffs, Kate Linsley (nee Baker) and Ming Linsley, will not be retaining any of the money for themselves.

09/18/2012

Pregnancy Discrimination

Fired for My Family

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.

03/12/2012

Birth Control Coverage

Use Birth Control? You're Fired!

By Jennifer Dalven, Reproductive Freedom Project at 6:36pm

No joke: A bill pending in Arizona would give your boss the green light to fire you for using birth control.

02/13/2013

Using Religion to Discriminate

Protecting Constitutional Principles — Even After Disasters

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.

12/06/2012

Using Religion to Discriminate

First Circuit Court Should Defend Victims Of Human Trafficking

By Carol Rose, Executive Director, ACLU of Massachusetts at 4:30pm

Today's utterance by Chief Judge Sandra Lynch, of the First Circuit Court of Appeals, gives me hope that the court will do justice for the victims of human trafficking who will be impacted by how the First Circuit rules in a case argued before it this morning.

08/30/2012

Contraception

Religion Doesn’t Justify Discrimination: ACLU Files Brief in Third Contraception Rule Challenge

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Michael J. Steinberg, Legal Director, ACLU of Michigan & Sarah Mehta, Fellow, Immigrants' Rights Project, ACLU at 12:33pm

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 written before, 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.

07/27/2012

Using Religion to Discriminate

Court’s Ruling to Allow Employer to Discriminate Out of Step; Threatens Women’s Health

By Sarah Lipton-Lubet, ACLU Washington Legislative Office & Brigitte Amiri, ACLU Reproductive Freedom Project at 4:30pm

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.

05/10/2012

FBI

More Anti-Muslim Training Materials Uncovered

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 7:16pm

This morning, Danger Room’s Spencer Ackerman continued to shock readers by exposing some of the most vehemently anti-Muslim training documents used by the U.S. government that have come to light to date. (See our past analysis of biased FBI materials.) The newly released military training materials not only contained erroneous stereotypes and derogatory remarks about Muslims and Arabs, they included a four-phase plan for transformation of Islam that would reduce Islam to a “cult status” and possibly result in “total war” against Islam.

American Civil Liberties Union