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).

05/01/2013

Policing

Protecting and Serving All, Regardless of Faith

By Edward L. Smith, Former Chief of Police at 4:47pm

As a former police chief of numerous Oklahoma towns, including Seminole, Clinton, Blackwell, Owasso, Bethany, and Chickasha, I have seen officers disciplined for a variety of insubordinate acts. During my 35 years in law enforcement, however, I have never had to discipline an officer for refusing to carry out an assignment because he objects to the faith of the individuals he has been ordered to serve. Indeed, no officer serving under me has claimed that right because every law enforcement official knows that refusing orders on these grounds would not only amount to insubordination, but would also violate the oath sworn by all officers to uphold the U.S. Constitution. That oath requires that as, police officials, we serve and protect all members of the community, regardless of faith or belief.

04/12/2013

Anti-Muslim Bias

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."

03/08/2013

Using Religion to Discriminate

Defending the Contraceptive Rule

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.

02/22/2013

Radically Wrong: A Counterproductive Approach to Counterterrorism

Radically Wrong: Misstated Threats - Terrorism isn’t an American-Muslim Problem

By Dena Sher, ACLU Washington Legislative Office at 4:50pm

Despite evidence to the contrary, the government continues to embrace a theory that adopting radical ideas is a first step toward terrorist violence. Based on this discredited model, "preventive" policies are being pursued, resulting in discrimination, suspicionless surveillance of entire communities, and selective law enforcement against belief communities and political activists. The following is the second installment in the ACLU blog series "Radically Wrong," which highlights counterterrorism policies that are not only ineffective, but also undermine our constitutional rights.

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.

01/04/2013

Birth Control Court Cases

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.

12/28/2012

Using Religion to Discriminate

The Sweeping License to Discriminate Hidden in the NDAA

By Dena Sher, ACLU Washington Legislative Office & Ian S. Thompson, ACLU Washington Legislative Office at 1:58pm

With Congress having recently approved this year’s NDAA, we think it is important to draw attention to a provision (Section 533(a)(1)), which, though hidden away, is unprecedented, sweeping, and could invite dangerous claims of a right to discriminate against not just lesbian, gay, and bisexual service members, but also women, religious minorities, and in the provision of health care.

12/20/2012

Birth Control Court Cases

It Doesn’t Matter How Many Lawsuits Are Filed, the Contraception Rule Is Constitutional

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.

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.”

American Civil Liberties Union