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Series

Civil Rights and Discrimination

Religious liberty

2018

Articles 1 - 5 of 5

Full-Text Articles in Law

Religion, Discrimination, And Government Funding: Enforcing Civil Rights Law After Masterpiece Cakeshop And Trinity Lutheran, Public Rights/Private Conscience Project Nov 2018

Religion, Discrimination, And Government Funding: Enforcing Civil Rights Law After Masterpiece Cakeshop And Trinity Lutheran, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

A memorandum published by the Law, Rights, and Religion Project at Columbia Law School (formerly the Public Rights/Private Conscience Project) that clarifies the responsibility of state and local human rights agencies and commissions to robustly enforce civil rights laws — particularly in the context of government-funded social services — in the wake of the Supreme Court’s decisions in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trinity Lutheran Church of Columbia, Inc. v. Comer


The Rhetoric Of Bigotry And Conscience In Battles Over "Religious Liberty V. Lgbt Rights", Linda C. Mcclain Nov 2018

The Rhetoric Of Bigotry And Conscience In Battles Over "Religious Liberty V. Lgbt Rights", Linda C. Mcclain

Faculty Scholarship

Charges, denials, and countercharges of “bigotry” are a familiar feature in debates over the evident conflict between LGBT rights and religious liberty. A frequent claim is that religious individuals who reject the extension of civil marriage to same-sex couples and seek conscience-based exemptions from state public accommodations law that protect against discrimination on the basis of sexual orientation are being “branded” as bigots. The rhetoric of bigotry raises a number of puzzles. Is sincerity or the appeal to conscience a defense to charge of bigotry? Is a charge of bigotry inferred simply from asserting that society should learn lessons from …


New Report Details Consequences Of Trump Administration’S Overly Broad Guidance On Religious Liberty, Public Rights/Private Conscience Project, Center For American Progress Apr 2018

New Report Details Consequences Of Trump Administration’S Overly Broad Guidance On Religious Liberty, Public Rights/Private Conscience Project, Center For American Progress

Center for Gender & Sexuality Law

April 3, 2018, Washington, D.C. – Obama-era rules prohibiting discrimination in dozens of federal programs could be undermined by the Trump administration’s controversial guidance on religious liberty, according to a new report from the Center for American Progress and Columbia Law School’s Public Rights/Private Conscience Project.


Comment On U.S. Department Of Health And Human Services Rule, Public Rights/Private Conscience Project Mar 2018

Comment On U.S. Department Of Health And Human Services Rule, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

In medical facilities across the country, doctors whose conscience would require them to perform a sterilization on a patient who requests one, offer truthful information about accessing abortion services, or provide comprehensive LGBTQ+ health care are forbidden from doing so by their employer. The conscience of such medical providers is entirely ignored by the U.S. Department of Health and Human Service’s (HHS) recently proposed rule that purports to “ensure that persons or entities” providing health care “are not subjected to certain practices or policies that violate conscience, coerce, or discriminate.” As explained in a comment submitted today by the Columbia …


Religious Liberty For A Select Few, Sharita Gruberg, Frank J. Bewkes, Elizabeth Reiner Platt, Katherine M. Franke, Claire Markham Jan 2018

Religious Liberty For A Select Few, Sharita Gruberg, Frank J. Bewkes, Elizabeth Reiner Platt, Katherine M. Franke, Claire Markham

Faculty Scholarship

This report discusses how the Department of Justice’s guidance opens the door to an extreme rewriting of the concept of religious liberty. The guidance — and the numerous agency rules, enforcement actions, and policies that it is influencing — will shift the balance of individual religious protections across the federal government toward a new framing that allows religious beliefs to be used as a weapon against minority groups.