A new Associated Press-NORC Center for Public Affairs Research poll reports that Americans overwhelmingly prioritize the religious freedom rights of Christians over other faith groups.
Circuit Court Rules That Catholic Healthcare System Does Not Count As A Church Under ERISA
The Third Circuit Court of Appeals has determined that St. Peter's Healthcare System, a Catholic non-profit healthcare entity, cannot take advantage of the Employee Retirement Income Security Act (ERISA) church-plan exemptions. Had the healthcare system gained the right to these exemptions, it would have put the pension plans of over 2,800 employees in jeopardy.
Ky. Corporation Does Not Have ‘Religious Freedom’ Right To Discriminate, Says Americans United
Church-State Watchdog Group Says Hands On Originals Should Have Made T-Shirts For Gay-Pride Event
Hands On Originals, Inc., does not have a free-speech or free-exercise right to violate Lexington-Fayette Urban County, Ky., anti-discrimination laws, says Americans United for Separation of Church and State.
In a friend-of-the-court brief filed yesterday with the Commonwealth of Kentucky Court of Appeals, Americans United said Hands On Originals cannot use the religious beliefs of its owner as legal cover for refusing to make T-shirts for a gay-pride event.
“Lexington-Fayette Urban County’s anti-discrimination law means no one has the right to treat LGBT people as second-class citizens,” said the Rev. Barry W. Lynn, executive director of Americans United. “Hands On Originals does not get a special exemption from this regulation simply because of its owner’s religious convictions.”
The Gay and Lesbian Services Organization (GLSO) had asked Hands on Originals to make shirts commemorating the 2012 Lexington Pride Festival, but the company’s owner, Blaine Adamson, refused – citing his religious beliefs. Since Lexington-Fayette Urban County prohibits discrimination on the basis of sexual orientation, GLSO made a successful complaint against the company with the Lexington-Fayette Urban County Government Human Rights Commission. But the Fayette County Circuit Court overturned that ruling earlier this year.
Hands On Originals has claimed that its products are “artistic” in nature and therefore the company should not be forced to print shirts containing customers’ messages with which it does not agree. In its brief, Americans United explains that if that argument succeeds, it could be used to justify virtually any refusal of service.
“Accepting the arguments made by Hands On Originals in this case would not only put Kentucky courts in conflict with First Amendment decisions from across the country, but also would allow nearly any business alleging that its provision of goods or services is expressive to discriminate as it pleased,” the brief asserts. “Gay men, lesbians, and members of other protected classes (and their children) would not know which businesses they could patronize and could not expect the law to protect their rights of access to public accommodations.”
This brief was filed in conjunction with Americans United’s Protect Thy Neighbor project, an initiative launched this year that seeks to ensure no one uses religion as an excuse to discriminate against others.
“We’ve been down this road before,” said AU Senior Litigation Counsel Gregory M. Lipper. “In the 1960s, courts ruled against business owners who tried to use their religious beliefs as an excuse to discriminate on the basis of race. The outcome should be no different when it comes to discrimination on the basis of sexual orientation: The religious beliefs of business owners don’t give them a right to treat LGBT people as second-class citizens.”
The brief for Lexington-Fayette Urban County Human Rights Commission v. Hands On Originals, Inc. was prepared by Lipper, AU Legal Director Richard B. Katskee, and AU Madison Fellow Carmen Green. (Green is admitted in Virginia only, and is supervised by Katskee, a member of the D.C. Bar.) David Tachau and Katherine E. McKune from the Kentucky law firm of Tachau Meek PLC served as co-counsel.
Oregon Anti-LGBT Bakers Finally Pony Up The Dough
Remember the Oregon bakers who refused to make a wedding cake for a same-sex couple, and then insisted that they could not pay their state-ordered fine despite raising $500,000 via crowdfunding? Well, it looks like they're finally paying out.
Washington State AG Issues A Brief Against Anti-LGBT Florist's Appeal
Washington State Attorney General Bob Ferguson has weighed in the on the case of Barronelle Stutzman, owner of Arlene's Flowers and current appellant in a case that has reached the state Supreme Court. You may also remember Stutzman as the florist who made the news for refusing to provide flowers for the marriage of a same-sex couple.
Donald Trump Gives Anti-LGBT FADA Legislation His Approval (Sort Of)
GOP candidates have been pledging their support for the anti-LGBT First Amendment Defense Act (FADA) for about a week, but now The Donald himself has lent the legislation his (honestly, a bit tepid) approval.
Kim Davis Must Issue Valid Marriage Licenses To All Qualified Couples, Says Americans United
Church-State Watchdog Group Says Davis Should Either Do Her Job Or Find A New One
Rowan County, Ky., Clerk Kim Davis must issue valid marriage licenses to all qualified couples, including those of the same sex, says Americans United for Separation of Church and State.
In a friend-of-the-court brief filed yesterday evening with the 6th U.S. Circuit Court of Appeals, Americans United said Davis' religious beliefs do not trump the U.S. Supreme Court's marriage-equality decision in Obergefell v. Hodges, nor does she have the right to prohibit Rowan County from issuing marriage licenses to anyone.
"The First Amendment is not the personal plaything of Kim Davis or any other government official," said the Rev. Barry W. Lynn, executive director of Americans United. "No official has the right to deny constitutional rights to others simply on the basis of their own religious beliefs."
After the Obergefell ruling, Davis refused to issue marriage licenses to anyone because of her opposition to marriage equality. She also stopped the Rowan County deputy clerks from issuing licenses, a decision that violated a court order and landed her in jail in September.
Rowan County deputy clerks began issuing licenses to all couples while Davis was in jail, but after her release she altered Rowan County's marriage licenses to remove any mention of Rowan County, the name or title of any clerk or deputy clerk and even the signature of the official issuing the license. Kentucky law requires an issuing clerk's name to appear on these licenses, so it remains unclear if the documents are valid.
Davis claims that her religious beliefs permit her to withhold marriage licenses from same-sex couples, but so far federal courts have not supported her position.
In its brief, Americans United argued that Davis has no right to deny marriage licenses to Kentucky citizens.
"Davis could not give her church or her pastor the right to block Rowan County from issuing marriage licenses to eligible couples," the brief reads. "Nor, therefore, may she arrogate to herself the right to stop the County from issuing those licenses."
Kentucky's new governor, Matt Bevin, issued an executive order earlier this week directing the removal of the county clerk's name from Kentucky marriage licenses. The brief notes that this order itself appears to violate Kentucky law, and that Davis' unilateral decision to change the licenses would, if allowed, spawn chaos in Kentucky and undermine citizens' marriage rights..
"Each time a county clerk asserted a religious objection to the operative marriage license, the legislature would need to agree on and authorize a different form; the executive would need to design and distribute that new form; and, most importantly, the marrying couple would be unable to get a license unless and until both branches completed these tasks," asserts the brief.
Observed AU Senior Litigation Counsel Gregory M. Lipper, "Because we don't live in a theocracy, Kim Davis must comply with the Constitution and stop imposing her religious beliefs on the citizens of Rowan County. Davis may marry or not marry whomever she likes, but her religious objections to marriage equality do not allow her to block the lawful marriages of others."
The brief for Miller v. Davis was prepared by Lipper, AU Legal Director Richard B. Katskee and Madison Fellow Natacha Lam. (Lam is admitted in New York only and is supervised by Katskee, a member of the D.C. Bar.)
Name Game: Ky. Gov. Issues Order Permitting Kim Davis To Remove Her Moniker From Marriage Licenses
Kim Davis is still causing chaos in Kentucky.
New Mexico Pre-Files Indiana-Style RFRA Bill
An Indiana-style RFRA bill has been pre-filed in the New Mexico legislature, the contents of which will both expand the state's concept of "person" to include businesses and the definition of religious freedom to include refusals of service motivated by religious belief. The bill also takes wording from the federal First Amendment Defense Act (FADA), another bill that Americans United has been watching carefully.
ACLU Comments On Kentucky Governor's Executive Order Removing Count Clerks' Names From Marriage Licenses
Liberty Counsel Sues Virginia School Board Over Trans-Inclusive Language In Anti-Discrimination Policy
The Liberty Counsel, an organization defined by the Southern Poverty Law Center as a hate group, is suing a Virginian school board for adding transgender students as a protected class to its anti-discrimination policy.
Women's Bathroom Talking Point Stymies Anti-Discrimination Bills
Interfaith Leaders Continue To Speak Out Against Anti-Muslim Rhetoric
Donald Trump Says... Something... About The War On Christianity
Wyoming School District Drafts Policies To Address Needs Of Transgender Students
Discriminating in the Dark
Title IX of the Civil Rights Act prohibits taxpayer-funded schools from discriminating on the basis of sex when it comes to (among other things) admissions and employment. The government, and increasingly the courts, interpret sex discrimination to include discrimination on the basis of sexual orientation and gender identity (both of which are forms of impermissible sex stereotyping). Yet over the last few weeks, we've learned that applications for exemptions from Title IX have proliferated, and that the Obama administration has granted exemptions prolifically—and largely in secret.
Virginia’s Governor Vows to Veto False “Religious Freedom” Bills
As predicted, legislators in Virginia have been busy preparing legislation for the 2016 state legislative session. Although the General Assembly does not officially begin for a few weeks, state Senator Charles Carrico has already pre-filed two bills that relate to marriage and “religious freedom.” Rather than protect real religious freedom, these bills would allow individuals to discriminate against LGBT couples in the name of religion. Fortunately, Virginia Governor Terry McAuliffe has said that he will veto these bills if they were to pass.
Fired Antigay Fire Chief Can Maintain His Lawsuit—For Now
While serving as Atlanta's fire chief, Kelvin Cochran wrote a book in which he described homosexuality as "vile, vulgar, and inappropriate." The book (for those scoring at home, it's entitled Who Told You That You Were Naked?) is about Cochran's religious beliefs; among other things, he believes that homosexuality is akin to pedophilia, bestiality, and other types of "sexual perversion." Cochran distributed the book to several of his employees, including employees who didn't ask for it.
Legislative Preview: States Are Preparing for More RFRA Battles
As the states gear up to reconvene their legislative sessions after the New Year, we can expect to see many states pursuing Religious Freedom Restoration Act (RFRA) legislation. We often focus on states without state-level RFRAs that attempt to pass bills to create a new law; for example, last year both Indiana and Arkansas passed new RFRA legislation, and the sponsor of Georgia’s bill to create a RFRA has said he will introduce legislation in 2016. However, state legislative activity is not limited merely to creating new RFRA laws. Even in states that currently have RFRA laws, we anticipate that there will be increasing attempts to expand these state RFRAs.
Cosmetology and Deuteronomy
A demoted cosmetologist filed a lawsuit on Monday in federal court, claiming that his employer violated Title VII of the Civil Rights Act by requiring him to wear makeup as part of his job training. The employer requires trainees to apply makeup to each other, because"makeup artists should know how certain products feel if they are going to use them on others." Plaintiff Barry Jones—who since 2011 "has been a licensed esthetician and has operated his own beauty salon"—started working for M.A.C. Cosmetics last year as a Retail Makeup Artist.