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 >>

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.

Religion Isn’t a Free Pass to Discriminate Against Employees

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.   

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.  

Another Contraception Challenge, Another Misguided Argument

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Witold Walczak, Legal Director, ACLU of Pennsylvania at 4:14pm

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.

The First Contraceptive Rule Case to Reach an Appeals Court on the Merits

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.     

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. 

What Constitution? Anti-Muslim Rep. in North Carolina Pushes for Christian Prayer in Government Meetings

By Daniel Bullard-Bates, ACLU Program on Freedom of Religion and Belief at 4:17pm

Should local officials be able to start their meetings with prayers that endorse a particular faith? North Carolina State Rep. Michele Presnell thinks so, with one tiny caveat: the faith endorsed must be her own. When asked by one of her constituents whether she would be comfortable with a prayer to Allah before a public meeting, Presnell responded, "No, I do not condone terrorism."

“It was all in their hands, and they just let her go.” -- Remembering Savita Halappanavar

By Eunice Hyon Min Rho, ACLU at 5:36pm

On October 21, Savita Halappanavar, a 31-year-old dentist who was 17 weeks pregnant, sought treatment...

One Down and 23 to Go: Judge Tosses Baseless Challenge to Birth Control Coverage

By Sarah Lipton-Lubet, ACLU Washington Legislative Office & Brigitte Amiri, ACLU Reproductive Freedom Project at 4:53pm

Tuesday, a Nebraska federal court rejected a lawsuit challenging the Obama administration’s rule requiring insurance plans to cover contraception. This was the first of two dozen challenges to be decided.   We applaud the court’s decision and hope that the judges in the other cases follow the Nebraska federal judge’s lead.

Religious Liberty and Inclusion

By Julian Bond, Chairman Emeritus, NAACP at 9:42am

By the mid-1960s, the civil rights movement had made significant cultural, legal and political progress in advancing the cause of racial...

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