Religious Freedom and Discrimination: A Legal Overview

Religious freedom stands as a cornerstone of American rights. Understanding how U.S. law protects both religious expression and individuals from discrimination is essential for both religious organizations and employees. For legal help, reach out to a discrimination law attorney.

What Is Freedom of Religion?

The First Amendment to the U.S. Constitution contains the free exercise clause, which gives people the right to practice their religion freely. The First Amendment also contains the Establishment Clause, which prohibits the government from establishing or endorsing a religion. The separation of church and state can be traced to the Establishment Clause.

Several federal laws bolster constitutional protections for the exercise of religion. Title VII of the Civil Rights Act of 1964 prohibits religious discrimination in the workplace. It requires employers to make reasonable religious accommodations for employees. The Religious Freedom Restoration Act (RFRA) prevents the federal government from substantially burdening a person’s exercise of religion through laws or policy. The government must justify its burden on religious practice with a compelling interest and use the least restrictive means to achieve its interest.

Many state governments have enacted their own religious liberty laws, some more protective than federal nondiscrimination law.

What Is Religious-Based Discrimination?

Religious discrimination is the unfair or unequal treatment of an individual based on their religious beliefs or practices. Common examples of religious discrimination include an employer who harasses or retaliates against employees for their religious views or expression, or enforces a dress code that prohibits religious attire.

Under Title VII of the Civil Rights Act of 1964, employers cannot limit employment opportunities based on whether or not the employee follows a particular religion. Employers must provide reasonable accommodations for religious practices unless doing so places an “undue hardship” on business operations. In the 2023 case Groff v. DeJoy, the U.S. Supreme Court clarified that “undue hardship” means the religious accommodation would result in substantial increased costs to the employer’s business operations.

Examples of Religious Accommodations

For example, employers may need to adjust an employee’s work schedule to accommodate religious observances. Some employees may need a dress code policy allowance or exception to accommodate religious dress or grooming practices. Examples of religious attire are head coverings like headscarves, hijabs, or yarmulkes. If reasonable, an employer may need to provide a private space for worship services.

Restaurants, hotels, and retailers cannot refuse service based on religious beliefs. Likewise, schools and government agencies must accommodate religious observances where reasonable.

Enforcement of Religious Anti-Discrimination Laws

The U.S. Department of Justice (DOJ) investigates and prosecutes cases of religious discrimination in public institutions. It enforces federal laws protecting religious freedom in housing, education, and public services. The Department of Health and Human Services (HHS) enforces religious discrimination protections in healthcare settings.

Religious Exemptions to General Laws

Maintaining a balance between religious liberty and other governmental interests such as public health and nondiscrimination is an ongoing legal challenge. Courts hearing religious liberty cases must weigh religious objections against a law with the government interest behind the law.

Religious Exemptions and Public Health Law

During the COVID-19 pandemic, some religious groups objected to vaccine mandates on religious grounds. Courts hearing such cases had to compare the importance of protecting religious freedom against the importance of protecting public health in a pandemic.

Another consideration is whether the claimed religious beliefs are genuine. The government strives to hold consistent standards and not create an “easy out” for those seeking a loophole. Sincerely held religious beliefs must be shown to be genuine and a central part of the person’s life.

Religious Exemptions and Healthcare Laws

Burwell v Hobby Lobby (2014) is a landmark case in which the U.S. Supreme Court heard Hobby Lobby’s claim of religious exemption to contraceptive provisions of the Affordable Care Act (ACA).

Hobby Lobby’s owners argued that complying with the ACA would excessively burden their religious beliefs against contraceptives. The Court ruled in Hobby Lobby’s favor, finding that RFRA allows closely held corporations to be exempt from regulations. This ruling was impactful because it significantly expanded religious freedoms to corporations.

Religious Exemptions and Civil Rights Laws

Another area where the caselaw is evolving is when employers who are religious discriminate against LGBTQ+ individuals. In Masterpiece Cakeshop v. Colorado (2018), a privately owned bakery refused to make a wedding cake for a same-sex couple based on the baker’s religious beliefs. The U.S. Supreme Court ruled in favor of the baker. However, the Court’s decision focused on specifics of how the case was handled and avoided making a broad ruling about religious freedom and LGBTQ+ rights. This leaves interpretation open for future cases.

In the 2023 case Braidwood Management, Inc. v. EEOC, the U.S. Court of Appeals for the Fifth Circuit ruled that RFRA may exempt religious employers from Title VII’s protections for sexual orientation and gender identity if those anti-discrimination requirements would put a substantial burden on the employer’s religious beliefs.

Braidwood was appealed to the U.S. Supreme Court, which declined to hear the case, leaving the Fifth Circuit’s decision in effect for states in its jurisdiction (Texas, Louisiana, and Mississippi). This case shows the ongoing legal debate between religious liberties and anti-discrimination protections in employment law.

Can Religious Organizations Receive Government Support?

While the First Amendment prohibits governmental endorsement or promotion of religion, religious organizations can benefit indirectly from the government.

Tax Exempt Status

Religious organizations can generally gain tax-exempt status through the IRS under Section 501(c)(3) of the Internal Revenue Code. These exemptions apply to houses of worship, religious charities, and religious schools. Some states give property tax exemptions for the property religious institutions own.

Government Funding

Religious organizations can also receive government funding appropriations for specific projects if they align with public welfare goals, such as disaster relief or social services. Under certain conditions, religious organizations may receive federal funds to provide social services like welfare and addiction recovery programs. If the religious organization opens and operates a school, it could qualify for funding.

However, funding received must be used for secular and not religious purposes, such as general education programs. This has been challenged in court over the years. The Supreme Court has ruled in multiple cases that religious institutions may receive public funding, especially when such funding is directed toward secular goals like school safety or educational advancement.

Freedom of religion is an evolving area of law, policy, and public opinion. The U.S. Supreme Court’s trend in recent years of broadening religious exemptions could lead to more public funding for religious organizations. States may adopt policies that differ in terms of public funding for religious activities, with some allowing more extensive support and others imposing stricter limits.

Find Legal Help

The balance between religious freedom and anti-discrimination laws is a complex and evolving area of U.S. law. Given the complexity of these issues, it is essential to consult with a skilled attorney who can provide guidance on religious freedom rights and religious discrimination matters.

Find a discrimination law attorney who can assist you with protecting your rights.