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 >>

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 Freedom Cannot Be a License to Discriminate

By Alicia Gay, ACLU at 3:22pm

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. 

Certainly, the “fortnight” was designed as a publicity opportunity to highlight the bishops’ opposition to the Obama administration’s rule that would ensure that all new health insurance plans — except those held by churches and other houses of worship — would include coverage for birth control. We’ve also seen arguments from the bishops and others that religious freedom justifies publically funded agencies denying loving homes to children in foster care simply because the would-be adoptive parents are gay or lesbian; hospitals denying a woman life-saving care if it meant ending her pregnancy; contractors imposing religious restrictions on taxpayer-funded services for victims of human trafficking ; public schools allowing guidance counselors to turn away students in crisis if they disapprove of their sexual orientation ; any employer refusing  to cover any health care service in their employees’ health insurance plans ; and hotels and restaurants refusing   to serve same-sex couples . But we know that’s not what true religious freedom is. 

ENDA Is Good, Could Be Even Better

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 5:04pm

On Tuesday, the Senate Committee on Health, Education, Labor and Pensions held an important hearing on workplace discrimination experienced by those who are or perceived to be lesbian, gay, bisexual, or transgender (LGBT). The hearing addressed the need for federal legislation, the Employment Non-Discrimination Act (ENDA), to create uniform protections for LGBT people in the workplace.   The sad reality remains that it is legal to fire or refuse to hire workers based on sexual orientation in 29 states and gender identity in 34 states.

North Dakotans Reject A Wolf In Sheep’s Clothing

By Daniel Mach at 9:38am

Yesterday, voters across North Dakota wisely rejected Measure 3, a proposed amendment to the state constitution that could have undermined crucial health, safety, and civil rights protections in the state. Measure 3, the so-called “Religious Liberty Restoration Amendment,” would have created a new, vastly expanded constitutional right to invoke religious freedom as an excuse to discriminate, ignore existing state and local laws, and claim an entitlement to taxpayer funds and other state benefits. The vote was a victory for all North Dakotans, the great majority of whom recognize that religious freedom need not come at the expense of other cherished rights and values. 

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.

Anti-Gay Pandering Cannot Stop Historic Momentum for LGBT Rights

By Ian S. Thompson, ACLU Washington Legislative Office at 4:10pm

What an amazing and historic week it has been for the cause of gay rights. On Wednesday, for the first time in our country’s history, a sitting President of the United States said that he supports the freedom to marry for gay and lesbian couples. President Obama’s remarks carry incredible symbolic importance, and his explanation of the evolution in his own thinking that brought him to this point will be something to which millions of Americans can relate. It is representative of a journey that many men and women – both young and old – have taken in coming to the conclusion that what marriage is really about is love and commitment, and that is something that is true for both gay and straight couples.

White House Should Focus on the Constitution, Not the Bible

By Dena Sher, ACLU Washington Legislative Office at 2:41pm

Last week, it was reported that the president of the American Bible Society is meeting with Joshua DuBois, the head of the President's Office of Faith-Based and Neighborhood Partnerships, "to begin a dialogue on the importance of the Bible in the founding of the country." The American Bible Society president said, "It's impossible to separate the formation of our democratic republic from the foundation of Scripture." As we know, however, our Constitution is not based on biblical principles.

A Look at the U.S. Commission on International Religious Freedom

By Dena Sher, ACLU Washington Legislative Office at 12:31pm

In 1998, Congress created the U.S. Commission on International Religious Freedom to draw attention to violations of religious freedom in other countries. The commissioners vote annually to list countries that are of particular concern or place others on a watch list of countries that should be monitored closely for religious freedom violations.

But, since its inception, the commission's been beset by controversy. People who watch the commission closely say it was created to satisfy special interests, which has led to bias in the commission's work. Past commissioners and staff have reported that the commission is "rife, behind-the-scenes, with ideology and tribalism." They've said that commissioners focus "on pet projects that are often based on their own religious background." In particular, past commissioners and staff reported "an anti-Muslim bias runs through the Commission's work."

This Week in Civil Liberties (04/13/2012)

By Rekha Arulanantham, ACLU at 5:48pm

Which state recently passed the first bill in the nation that bans employers from asking for social media passwords?

Which Michigan agency has ended the practice of sexually abusive searches of women prisoners?

What constitutionally-guaranteed freedom is the U.S. Conference of Catholic Bishops trying to use as an excuse to discriminate?

How many states passed laws that threaten minority and low-income voters' rights?

Whose Religious Freedom?

By Louise Melling, Center for Liberty at 5:32pm

The freedom of religion and belief is one of our most cherished liberties. The First Amendment protects our right to believe whatever we choose. The U.S. Conference of Catholic Bishops (USCCB) would like you to think this right is in peril. As defenders of the Constitution, we beg to differ, and think that some of the recent controversies actually show that the First Amendment is doing its job, and confirm that religious freedom in America is alive and well.

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