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Religious Freedom vs Civil Rights - Coggle Diagram
Religious Freedom vs Civil Rights
Legislation and Court Cases
Bostock v. Clayton County (2020)
Supreme Court ruled, based on the federal Fair Housing Act, sex discrimination by most landlords is prohibited.
the federal Religious Freedom Restoration Act (RFRA) 1993
Burwell v. Hobby Lobby (2014)
The Supreme Court ruled that the Religious Freedom Restoration Act allows for a for-profit company to deny its employees health coverage of contraception to which the employees because of the religious objections of the company's owners
This expanded and redefined the use of religious exemptions by expanding the scope of federal RFRA protections to include for-profit corporations.
Title VII of the 1964 Civil Rights Act
prohibits employers from discriminating against individuals because of their religion (or lack of religious belief) in hiring, firing, or any other terms and conditions of employment. The law also prohibits job segregation based on religion, such as assigning an employee to a non-customer contact position because of actual or feared customer preference.
the Act requires employers to make reasonable accommodation for the religious beliefs and practices of applicants and employees, unless doing so would cause more than a minimal burden on the operation of the employer's business.
What is a reasonable accommodation?
An accommodation would pose an undue hardship on the employer's business if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. Undue hardship also may be shown if the request for an accommodation violates others' job rights established through a collective bargaining agreement or seniority system.
A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion. Flexible scheduling, voluntary shift substitutions or swaps, job reassignments lateral transfers, and exceptions to dress or grooming rules are examples of accommodating an employee's religious beliefs.
Also prohibits religious harassment of employees, such as offensive remarks about a person's religious beliefs or practices. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment can be unlawful when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
Braidwood Management v. Equal Employment Opportunity Commission
a panel for the Fifth Circuit held that a Christian-owned wellness center is exempt from Title VII because compliance would “substantially burden” its “religious beliefs about homosexual and transgender conduct.”
Restrictions on Religion
Public authorities cannot interfere with your right to hold or change your beliefs. However, there are exceptions.
The Government can restrict religion in order to protect the common good and limit people's ability to harm others.
Why Tolerate Religion? by Brian Leiter
The author argues that the state should be able to discriminate against some religious followers under certain circumstances.
The state for instance should be able to deny these religious followers’ equal access to public resources and opportunities.
The author argue that the state should not accommodate religious practices that cause harm or impose burdens on others.
Book review
The book reviewer pays that the author may have an interest in religious intolerance and his suggestion that religions may be tolerated based on their political affiliations.
The book’s reviewer points out that the United States Constitution does not take a stance on the truth or worth of religious beliefs.
Public Good
Religious Exemptions
Religious Exemptions at work
The Equal Employment Opportunity Commission
"employers should assume that workers' professed religious beliefs are sincere, but can seek more facts in a limited manner. A worker who fails to provide requested information risks losing any subsequent claim that the employer improperly denied an accommodation"
-EEOC
Vaccines
Survey on opinions about Religious Exemptions for COVID-19 vaccine
51% of Americans are in favor of granting a religious exemption if the person has documentation from a faith leader saying that the vaccine goes against their religious beliefs.
if the question was posed in the context of the government mandating vaccinations, 58% of Americans say people should be allowed to have religious exemptions from the vaccine.
39% of Americans support a blanket religious exemption excuse, meaning that anyone who says the vaccine is against their faith doesn't have to get it.
Historic discriminations
the Bible was used to justify slavery in the United States
People came to the British Colonies to escape religious persecution and worth ship as they saw fit.
Government Funds
The federal government directs billions of dollars to religious schools that ban LGBTQ+ students. A pending lawsuit is fighting the odds to challenge that funding.
First Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Defining Religion
"The essence of religion is belief in a relation to God involving duties superior to those arising from any human relation." (ChiefJustice Hughes) 1931
Most courts have approached the question (of defining religion) with caution, recognizing that a very rigid judicial definition of religion would implicate the concerns underlying religious causes.
LGBTQ+
Opinion on court cases
"Should a florists, photographers and bakers be forced to provide their services for same-sex weddings and celebrations that violate their religious beliefs?"
This question flipped asks, "should a lesbian graphic designer or printer be forced to create a flyer for a religious group’s rally opposing same-marriage?"
a person or group is not being denied a service because of who they are – it’s because of the specific service they are requesting.
Title VII of the 1964 Civil Rights Act
prohibits employers, with 15 or more employees, from discriminating on the basis of sex.
Some lower courts have ruled that Title VII also bans discrimination based on sexual orientation or gender identity.