Discrimination in the name of religion

Our Constitution promises everyone the freedom to believe or not, as they choose. But, it does not promote discrimination in the name of religion.

Separation of church and state means we have a fundamental right to be treated equally under the law. The more our laws evolve to protect everyone’s freedom; the more religious extremists try to create exceptions to those laws. This kind of discrimination in the name of religion victimizes marginalized communities.

This dangerous agenda undermines people’s access to health care, social services, businesses, workplace protections, public education, and more. Religion is most often used to discriminate against LGBTQ people, women, religious minorities, and the non-religious. It affects all of us.

The most important issues we're facing

What You Should Know

AU Supports the Do No Harm Act

The Do No Harm Act, re-introduced in the House in February 2021 and the Senate in September 2021, will help protect religious freedom for all while ensuring that it can’t be misused to harm others.

400,000 Kids in Foster Care Need Homes

There are more than 400,000 children in foster care nationwide. Yet, taxpayer-funded foster care agencies turn away families who are LGBTQ or the “wrong” religion -- people who want to provide these children loving homes.

Workplace protections in peril

Some religious employers have an exemption from civil rights laws, which allows them to hire and fire clergy as they choose. Now, some employers are trying to expand this “ministerial exception” to include hundreds of thousands of teachers and other workers.

Milestones

November 8, 2021

President Joe Biden’s Department of Labor announced plans to rescind a Trump rule that allowed federal contractors to discriminate against workers and job applicants in the name of religion. The Trump rule made it easier for federal contractors, which employ more than one-fifth of the entire U.S. workforce, to discriminate against LGBTQ people, women, religious minorities and the nonreligious.

Read AU’s comments sup porting the Biden proposed rule here
September, 2021

Senator Cory Booker is the main sponsor of the Do No Harm in the Senate. taking over responsibility from Vice President Kamala Harris as U.S. Reps. Bobby Scott, Steve Cohen, Jamie Raskin, and Mary Gay Scanlon reintroduced the bill in the House in February 2021. The DNHA will restore the Religious Freedom Restoration Act (RFRA) to its original intent by preserving the law’s power to protect religious freedom, while also clarifying that it may not be used to harm others.

Learn more about the Do No Harm Act
June 17, 2021

In Fulton v. Philadelphia, the Supreme Court allowed a taxpayer-funded, faith-based foster care agency to reject LGBTQ parents in violation of city nondiscrimination provisions. Because the narrow ruling only applies to Philadelphia, AU continues to fight in court on behalf of Aimee Maddonna, Fatma Marouf, and Bryn Esplin – who were turned away by taxpayer-funded foster care agencies because they didn’t pass the agencies’ religious tests.

Here’s what the Supreme Court did – and didn’t do – in Fulton v. Philadelphia
Fall 2020

Americans United began representing Gregg Tucker and Shelly Fitzgerald, who were unjustly fired by private religious schools. Shelly and Gregg are among the many people harmed by religious employers that are capitalizing on Supreme Court decisions by seeking an ever broader interpretation of the “ministerial exception” and denying civil rights to all of their workers.

Learn more about Gregg & Shelly’s cases here:
- Gregory Tucker v. Faith Bible Chapel International
- Shelly Fitzgerald v. Roncalli High School
July 8, 2020

In Trump v. Pennsylvania, the Supreme Court ruled that the Trump administration didn’t violate procedural rules when it implemented regulations that allow employers and universities to use religion to deny workers and students birth control coverage guaranteed by law. But because this religious exemption causes harm, Americans United continues to challenge the rules in court on behalf of Notre Dame students. AU is urging President Biden to revoke these rules.

Learn more about AU’s lawsuit on behalf of Notre Dame students who lost birth control access
November 2019

In response to lawsuits brought by AU and allies, federal judges blocked the Trump administration’s Denial of Care Rule, which invited health care providers to cite their religious beliefs to deny care to anyone, even in emergencies. Though blocked, the rule remains on the books and AU continues to fight it on two fronts – in court and by urging the Biden administration to revoke it.

Learn more about AU’s lawsuits challenging the Trump-era Denial of Care Rule