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Becket attorneys serve as law professors and have lectured at top schools like Harvard, Yale, and Stanford. Below is just a sampling. Constitutional Anomalies or As-Applied Challenges? The article refutes claims that religious exemptions from laws are unusual compared to other First Amendment rights by empirically showing just the opposite: cases with claims raising religious exemptions are much less common—and such claims are less likely to prevail—than exemptions for other expressive rights.

This article presents one of the first empirical studies of federal religious freedom cases since Hobby Lobby. It finds that religious freedom cases are scarce, successful cases are even scarcer, and a disproportionate share of cases involves small religious minorities. This article explains the religious liberty issues surrounding religious male circumcision, which is facing restrictions in several Western European countries and a growing opposition movement in the United States. Fool Me Twice: Zubik v. Litigation in Zubik v. Burwell generated three important government concessions that showed it is possible to protect both contraceptive access and religious liberty.

Based on those concessions, the Supreme Court was able to reach unanimity in a case that was once predicted to generate deadlock. Supreme Court. This book review addresses how a liberal and tolerant society should respond to religious diversity—particularly when this diversity means that society will include some people who are unable to comply with some laws for religious reasons.

Under the Fourteenth Amendment, the government cannot compel a woman to abort her own fetus. No, according to the very cases the Supreme Court relies on for a constitutional right to abortion.

Religious Liberty Clinic - Clinics - Stanford Law School

The article argues that the act of earning money does not preclude profit-making businesses and their owners from engaging in protected religious exercise. This book argues that our common humanity entitles us to freedom — within broad limits — to follow our consciences, even if our consciences are mistaken. In other words, we have the right to be wrong.

This article offers a new answer to the age-old question of how governments should treat religious objections to participating in government-approved killing military operations, capital punishment, assisted suicide, abortion, and self-defense : a federal constitutional right not to kill stemming from the Due Process Clauses of the Fifth and Fourteenth Amendments. This article explains how a new federal regulation in the healthcare field reduces protections for conscience, how the principal arguments against conscience protections fail, and highlights where the next big fights over conscience will occur.

If not, then RFRA cannot be used to provide a religious accommodation.

Religion, State and Law (LAWS0142)

In Gonzales v. In other words, the government must demonstrate that it has a compelling interest beyond the mere interest in a uniform application of the law, and that providing a religious exemption to the particular claimant would undermine the achievement of that compelling interest. In Hobby Lobby , the Court held that closely held, for-profit corporations can exercise religion and that, under RFRA, their religious exercise is protected.

In that case, several closely held, for-profit corporations challenged a government regulation promulgated under the Patient Protection and Affordable Care Act Pub L. The four methods of birth control at issue were FDA-approved contraceptive options that may operate after the fertilization of an egg.

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According to the majority, this reasoning confused the permissible question of whether religious exercise is substantially burdened with the impermissible question of whether the religious belief is reasonable. Further, because the government already provided accommodations to churches and religious nonprofits, the government demonstrated that it had a readily available least restrictive alternative. Thus, the closely held, for-profit corporations were exempt from the contraceptive mandate because the government was unable to satisfy the requirements of RFRA.

Harvard Law Review and Diversity

Justice Ginsburg dissented on multiple grounds. Second, Justice Ginsburg found that the majority misconstrued the substantial burden analysis.

Hodges, S. Texas, U. However, several lower court decisions have held that the Equal Protect Clause requires courts to apply intermediate scrutiny to government actions that discriminate against transgender citizens. Whitaker v. Kenosha Unified Sch. Brumby, F. City of Salem, F.

But see Etsitty v. Utah Transit Auth. In just twelve short years, LGBT citizens went from lacking the fundamental right to engage in intimate same-sex relationships to the right to marry same-sex partners. In Price Waterhouse v. Hopkins , U.

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In other words, Title VII prohibits an employer from making adverse employment decisions based on the fact that a female employee fails to act or appear in a stereotypically feminine way. Similarly, it prohibits firing a male employee for failing to present or act in a stereotypically masculine way.

The Contested Place of Religion in Family Law

Some lower courts have expressly stated this. See Smith v. Azteca Rest. New Balance Athletic Shoe, Inc. Park W. Thus, in Price Waterhouse , an employer violated Title VII when it denied partnership to a female employee because she failed to behave as some of the partners believed a woman should. Holder, Appeal No. This is true regardless of whether an employer discriminates against an employee because the individual has expressed his or her gender in a non-stereotypical fashion, because the employer is uncomfortable with the fact that the person has transitioned or is in the process of transitioning from one gender to another, or because the employer simply does not like that the person is identifying as a transgender person.

In each of these circumstances, the employer is making a gender-based evaluation.


July 24, Additionally, the EEOC has broadened the sex-stereotyping framework in holding that discrimination on the basis of sexual orientation is discrimination based on sex. Foxx, Appeal No. In Baldwin v. Foxx , Appeal No. July 15, When an employer discriminates based on sexual orientation, he necessarily treats the employee less favorably because of his sex. Altitude Express, Inc. June 1, ; Hively v. Ivy Tech Cmty Coll. Hopkins, U. However, not all circuit courts interpret discrimination on the basis of sexual orientation as part of sex discrimination.

See Evans v. Coca Cola Bottling Co. Runyon, F. Further, the issue is currently pending before the Eighth Circuit. Midwest Geriatric Mgmt. It was only a matter of time before religious rights and civil rights clashed. Hodges : Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage—when, for example, a religious college provides married student housing only to opposite-sex married couples, or a religious adoption agency declines to place children with same-sex married couples.

Indeed, the Solicitor General candidly acknowledged that the tax exemptions of some religious institutions would be in question if they opposed same-sex marriage. There is little doubt that these and similar questions will soon be before this Court. Thomas Rost, the owner and majority shareholder of R. The funeral home had no affiliation to any religious organization. Rost did not deny firing Stephens because of her transition. The district court agreed with Rost.

Thus, because the court found Rost and by proxy the funeral home honestly believed he would violate his religious beliefs by permitting another person to express their gender identity, RFRA required the court to apply the compelling interest test. Further, the court noted that Rost testified that if he were required to maintain Stephens as an employee, he would feel pressure to sell his business.

Therefore, the court assumed that the EEOC had a compelling interest.