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.
Courts Rejects Crisis Pregnancy Center's Challenge to Contraceptive Coverage Regulations
Last week a federal court in Pennsylvania rejected yet another challenge to the Affordable Care Act's contraceptive coverage regulations. This challenge was a bit different than many of the others: it was brought by a non-religious organization and its three employees. The organization claims that it is morally opposed to birth control and that the Equal Protection Clause entitles it to the same exemption as houses of worship; the employees claim that they have a right, under the Religious Freedom Restoration Act, to exclude contraceptives from their own insurance coverage (even though nobody is forcing them to use the coverage). The plaintiffs are represented by Alliance Defending Freedom, which also represents March for Life in a similar lawsuit in federal court in Washington, DC.
Protecting Our Neighbors Through Religious Accommodations
Last week, the U.S. Army granted Captain Simratpal Singh an exemption to accommodate his Sikh religious beliefs, which require him to keep a beard and wear a turban. He’s the first combat soldier to be granted such an exemption.
Captain Singh belongs to a very short list. Only six other service members have been granted a religious accommodation to wear a beard since 2009. One of these soldiers is Dr. Kamal Kalsi, also a Sikh, who was granted an exemption for his beard and turban. However, his accommodation was only temporary; he must renew his request for an accommodation each time he is transferred or deployed. This means that each time his assignment changes, he may be faced with the decision of whether to violate his religious beliefs or leave the service.
Colorado County Clerk Comes to his Senses, Removes Antigay Poster
We’ve received what appears to be good news about a Colorado County Clerk who had been resisting marriage equality by posting an antigay, religious sign at the clerk’s office. The poster shows a bride and a groom accompanied by a verse from the first Book of Corinthians reading, “…each man should have his own wife and each woman her own husband.” Schroeder claimed that the sign merely celebrates marriage, but it turns out that he wrote an email, to other county clerks, admitting, “My thought process is that they have to see the poster. And if they choose to violate God’s written Word, then that is on their head.”
U.S. Supreme Court Stays Alabama Adoption Ruling
Via Buzzfeed:
“The U.S. Supreme Court on Monday granted a lesbian woman’s request to have the adoption of her former partner’s children be enforced while the court decides whether to hear her appeal of an Alabama Supreme Court ruling that the adoption was void.
The U.S. Supreme Court has not yet said whether it will hear the appeal of the Alabama Supreme Court ruling, but on Monday granted the woman’s request that the state court’s ruling be recalled and stayed until it decides whether it will do so.”
No justices dissented from the ruling.
Conservative Groups in Indiana File Lawsuit over State RFRA
Remember when Indiana passed its version of a RFRA bill earlier this year? Its passage drew intense criticism from all over the country and boycotts from variety of sources, including corporations like Angie’s List and the NBA. The governors of some other cities and states even enacted bans on state-funded travel to Indiana. The backlash was focused on the fact that Indiana’s RFRA would allow businesses to discriminate against the LGBT community in the name of religion.
Business Leaders Push For Anti-Discrimination Language In Georgia RFRA Bill
This week, we heard about the small, but bipartisan push for anti-discrimination language in Georgia's RFRA bill. Now outgoing chairman of the Metro Atlanta Chamber says that a religious liberty bill without this language could cost the state jobs.
Denominational Drama: N.D. Couple Sues Church For Viewpoint Discrimination
A Kindred, N.D., couple claims their former church discriminated against them for their conservative views on gay rights. Ray and Joan Grabanski have sued Norman Evangelical Lutheran Church, its pastor and several congregants and the Evangelical Lutheran Church in America (ELCA) over the alleged discrimination.
Arkansas Supreme Court Puts A Hold On Birth Certificates For Same-Sex Parents
It looks like we spoke too soon in our post about Arkansas allowing same-sex parents to be listed on birth certificates.
Colo. County Official Has No Right To Post Religious Sign Attacking MArriage Equality At Government Office, Says Americans United
Church-State Watchdog Group Says Elbert County Clerk Is Clearly Trying To Express Disapproval Of Same-Sex Couples
Elbert County Clerk Dallas Schroeder must remove a poster with a biblical passage disparaging the marriages of same-sex couples from his government office, says Americans United for Separation of Church and State.
Schroeder’s office is responsible for issuing marriage licenses, and it’s clear that the clerk put up the poster to express disapproval of same-sex unions, the organization asserts.
The poster depicts an image of a bride and a groom accompanied by a verse from the first Book of Corinthians that reads, “…each man should have his own wife and each woman her own husband.”
“Schroeder’s job is to issue marriage licenses to every legally qualified couple without bringing his moral disapproval into matters,” said the Rev. Barry W. Lynn, executive director of Americans United. “If he’s unable to do that, he needs to resign.”
Although Schroeder claims that the sign merely celebrates marriage, an email sent to other county clerks in the state last year has surfaced in which Schroeder wrote, “My thought process is that they have to see the poster. And if they choose to violate God’s written Word, then that is on their head.”
Americans United’s letter says the poster represents numerous constitutional problems, including a violation of the First Amendment.
“By posting a religious display at the County Clerk’s office to condemn the marriages of same-sex couples – in a manner intended to be viewed by couples as they visit the office to obtain their marriage licenses – the County is violating the Equal Protection and Due Process Clauses of the Fourteenth Amendment as well as… the First Amendment,” the letter reads.
This action is part of Americans United’s new project, Protect Thy Neighbor, which seeks to stop religion-based discrimination against LGBT persons and others. Americans United has previously sent a memo to all 50 state attorneys general, and to many county clerks, reminding them that religious freedom does not give government officials the right to deny equal treatment to same-sex couples.
“Although he’s apparently more creative than Roy Moore and Kim Davis, the Elbert County Clerk is acting unlawfully all the same,” said AU Senior Litigation Counsel Gregory M. Lipper. “Just as the county clerk may not disparage interracial couples when they obtain their marriage licenses, he may not demean same-sex couples seeking the same government benefit.”
Elbert County residents who are seeking marriage licenses and object to the anti-gay poster may contact American United’s legal department, at legal@protectthyneighbor.org.
The letter asks for a response within 14 days. It was written by Lipper, AU Legal Director Richard B. Katskee and Legal Fellow John McGinnis.
This Just In: Abuse Of Muslim-Americans Is A Religious Freedom Issue
Georgia GOP Legislator: Put Anti-Discrimination Clause In State RFRA Bill
Same-Sex Couples Take On North Carolina's Religious Objection Law
No, Ted Cruz, Kids Can't Get Sent To Jail For Mentioning Jesus In School
Ted Cruz is 100% wrong to say that student Angela Hildenbrand was threatened with jail time for mentioning Jesus in school. Make sure to click through to the article to see our own Greg Lipper laying some truth on the supposed government "war on Christianity".