Vol. 47, No. 3/4: Intersection of LGBTQ Rights and Religious Freedom

Featured

First Amendment

Understanding America's First Freedom

by Holly Hollman

The tension between religious liberty and LGBTQ rights arises from different understandings of religious liberty and the complexity of the laws that protect it.

Civil Rights & Constitution

A Brief History of the Path to Securing LGBTQ Rights

by Jon W. Davidson

The movement for LGBTQ rights has had more rapid success than any other movement in our nation’s history. Davidson traces the victories and challenges at the national, state, and local levels on the community’s path to liberty and equality.

Civil Rights & Constitution

Anything Less is Less than Equal: The Structure and Goals of the Equality Act

by Jennifer C. Pizer

By passing the Equality Act, Congress will provide essential protections while making a powerful statement regarding the equal place LGBTQ people of all backgrounds deserve within our American family.

LGBTQ Legal Issues

Religious Liberty and Access to Reproductive Health Care

by Amy Myrick and Sabrina Merold

Religious liberty should not be on a crash course with access to reproductive health care, including abortion.

Human Rights

Human Rights for All: From Culture War to Not a War at All

by J. Stuart Adams and Robin Fretwell Wilson

All human rights deserve dignity and, with carefully constructed laws, can coexist, not at the expense of others.

Civil Rights & Constitution

"Religious Liberty" Used to Uphold Conservative Religious Privileges

by Katherine Stewart

The debate over church and state is a political conflict over the nature of the government we wish to have, and the potential harm is the dismantling of democracy.

Public Health

Sincerely Held or Suddenly Held Religious Exemptions to Vaccination?

by Mark E. Wojcik

Religious exemptions from vaccination mandates should be granted only for sincerely held religious beliefs and practices, not for suddenly held beliefs invented merely to avoid vaccination.

Labor & Employment

What the Supreme Court Giveth Can Religious Schools Taketh Away: The Title VII Religious Exemption After Bostock

by Regina Stuart

By continuing to engage in LGBTQ discrimination, religious employers harm their employees and also deprive the community of passionate and talented teachers and workers.

Civil Rights & Constitution

Broad Freedom for Faith-Based Organizations Is the Way to Balance LGBTQ Rights and the Freedom of Religious Exercise

by Stanley Carlson-Thies

Our society can enhance protections from discrimination for LGBTQ people with adequate freedom for religious exercise by protecting the ability of religious organizations to maintain their organizational practices and ways of providing services.

Civil Rights & Constitution

Worldviews Colliding

by Eric Michael Mazur

Over the past 50 years, those engaged in the study of religion have concluded that the term “religion” can mean almost anything and therefore means almost nothing.

Civil Rights & Constitution

The Free Exercise Clause vs. the Establishment Clause: Religious Favoritism at the Supreme Court

by Bradley Girard and Gabriela Hybel

The Supreme Court is making dramatic changes in its First Amendment jurisprudence, which, if overturned, the result would not be religious liberty for all but, instead, religious favoritism for some.

Civil Rights & Constitution

Arlene’s Flowers: A Case of Religion as Grounds for Discrimination

by Robert Ferguson

As the recent Arlene’s Flowers case demonstrates, our ability to continue to ensure the civil rights of all persons depends on the continued vigorous enforcement of public accommodations laws.

Civil Rights & Constitution

Losing My Religion: The Dangers of Broadening and Politicizing Religious Exemptions

by April S. Love

Love examines the discriminatory practices of individuals, companies, and lawmakers by use of religious exemptions being over-politicized and broadened and the impact on the LGBTQ community.

Civil Rights & Constitution

Protecting LGBTQ Liberty and Religious Liberty

by Chai R. Feldblum

Religious objections should not be permitted to undermine the liberty of LGBTQ people when there is a compelling government interest to deny the exemption.

Education

LGBTQ-Inclusive Curriculum as a Path to Better Public Health

by Bobbi M. Bittker

A growing body of scientific, psychological, and social-scientific evidence shows that an LGBTQ-inclusive education benefits the health and well-being of all students, not only LGBTQ-identifying youth.

Bias & Discrimination

"Not Those People"

by Rahmah A. Abdulaleem

Since the founding of this country, U.S. citizens have used religion as a way to justify their actions against each other, sometimes with government “assistance” and sometimes without.

Civil Rights & Constitution

Exception Swallowing the Rule? The Expanding Ministerial Exception Puts Workers at Religious Employers at Risk of Losing Civil Rights Protections

by Sunu P. Chandy and Laura Narefsky

Some religious employers are improperly attempting to expand the ministerial exception and strip employees of their civil rights and protections.

LGBTQ Legal Issues

The Role of Religious Objections to Transgender and Nonbinary Inclusion and Equality and/or Gender Identity Protection

by Hon. Victoria S. Kolakowski

Both direct and indirect conflicts between some individuals’ religious freedom rights and attempts to provide care and access for transgender people, particularly youth, is a key current topic of legislation, litigation, and executive action.

First Amendment

Accommodation: The Constitutional Ground of Chaplaincy

by Robert W. Tuttle

Chaplaincy remains a model of proper relationship between the Religion Clauses—respect for the firm line between distinctively religious activities and chaplaincy’s “secular” functions.

Civil Rights & Constitution

A Contest of Illiberalisms: Balancing the Interests of Separatist Communities and the Larger Society

by Richard T. Foltin

It is crucial that we allow members of our society to organize themselves to the sound of a different drum, including by setting themselves apart in a separate community that adheres to norms that are not those of the prevailing culture.

Bias & Discrimination

LGBTQ Students at Religious Educational Institutions

by Shannon Price Minter

Across the country, many religious schools—for the first time in their histories—are recognizing the negative impact of discriminatory conduct codes and other policies on their LGBTQ students.

Civil Rights & Constitution

What’s at Stake in 303 Creative

by Donald Verrilli

If the free expression claim in 303 Creative is upheld, the analogical pressure to extend that right of conscience to anyone who asserts it (for reasons of religious belief or freedom of association) will be exceedingly hard to resist.

Civil Rights & Constitution

Conclusion

by Jennifer C. Pizer and Richard T. Foltin

The articles in this issue have revealed considerable agreement about the importance of defining one’s own personhood—whether in terms of religious or LGBTQ identity, or both, or neither—and of not improperly limiting others’ ability to do so.

Civil Rights & Constitution

Human Rights Hero: Sister Jeannine Gramick

by Gene Robinson

Sister Jeannine has understood from the beginning that until we change religion’s condemnation and moral judgment against LGBTQ people, society will drag its feet on treating them with the same dignity & equality promised to them by the Constitution.

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Vol. 47, No. 3/4: Intersection of LGBTQ Rights and Religious Freedom

Introduction

Featured

Understanding America's First Freedom

A Brief History of the Path to Securing LGBTQ Rights

Anything Less is Less than Equal: The Structure and Goals of the Equality Act

Religious Liberty and Access to Reproductive Health Care

Human Rights for All: From Culture War to Not a War at All

"Religious Liberty" Used to Uphold Conservative Religious Privileges

Sincerely Held or Suddenly Held Religious Exemptions to Vaccination?

What the Supreme Court Giveth Can Religious Schools Taketh Away: The Title VII Religious Exemption After Bostock

Broad Freedom for Faith-Based Organizations Is the Way to Balance LGBTQ Rights and the Freedom of Religious Exercise

Worldviews Colliding

The Free Exercise Clause vs. the Establishment Clause: Religious Favoritism at the Supreme Court

Arlene’s Flowers: A Case of Religion as Grounds for Discrimination

Losing My Religion: The Dangers of Broadening and Politicizing Religious Exemptions

Protecting LGBTQ Liberty and Religious Liberty

LGBTQ-Inclusive Curriculum as a Path to Better Public Health

"Not Those People"

Exception Swallowing the Rule? The Expanding Ministerial Exception Puts Workers at Religious Employers at Risk of Losing Civil Rights Protections

The Role of Religious Objections to Transgender and Nonbinary Inclusion and Equality and/or Gender Identity Protection

Accommodation: The Constitutional Ground of Chaplaincy

A Contest of Illiberalisms: Balancing the Interests of Separatist Communities and the Larger Society

LGBTQ Students at Religious Educational Institutions

What’s at Stake in 303 Creative

Conclusion

Human Rights Hero: Sister Jeannine Gramick

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Vol. 47, No. 3/4: Intersection of LGBTQ Rights and Religious Freedom

Introduction

Featured

Understanding America's First Freedom

A Brief History of the Path to Securing LGBTQ Rights

Anything Less is Less than Equal: The Structure and Goals of the Equality Act

Religious Liberty and Access to Reproductive Health Care

Human Rights for All: From Culture War to Not a War at All

"Religious Liberty" Used to Uphold Conservative Religious Privileges

Sincerely Held or Suddenly Held Religious Exemptions to Vaccination?

What the Supreme Court Giveth Can Religious Schools Taketh Away: The Title VII Religious Exemption After Bostock

Broad Freedom for Faith-Based Organizations Is the Way to Balance LGBTQ Rights and the Freedom of Religious Exercise

Worldviews Colliding

The Free Exercise Clause vs. the Establishment Clause: Religious Favoritism at the Supreme Court

Arlene’s Flowers: A Case of Religion as Grounds for Discrimination

Losing My Religion: The Dangers of Broadening and Politicizing Religious Exemptions

Protecting LGBTQ Liberty and Religious Liberty

LGBTQ-Inclusive Curriculum as a Path to Better Public Health

"Not Those People"

Exception Swallowing the Rule? The Expanding Ministerial Exception Puts Workers at Religious Employers at Risk of Losing Civil Rights Protections

The Role of Religious Objections to Transgender and Nonbinary Inclusion and Equality and/or Gender Identity Protection

Accommodation: The Constitutional Ground of Chaplaincy

A Contest of Illiberalisms: Balancing the Interests of Separatist Communities and the Larger Society

LGBTQ Students at Religious Educational Institutions

What’s at Stake in 303 Creative

Conclusion

Human Rights Hero: Sister Jeannine Gramick

Section of Civil Rights and Social Justice

Human Rights Magazine

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