Posts — Protect Thy Neighbor

A project of Americans United for Separation of Church and State

Liz Hayes

Our Nation’s Higher Education Law Shouldn’t Include A License To Discriminate

This morning, another bill that allows religion to be used to discriminate started making its way through Congress. Hidden in the bill dubbed the PROSPER Act are several provisions that would allow religious student groups and religious colleges and universities that get taxpayer funds to use religion to get around nondiscrimination policies that protect students and employees at these schools.

On #GivingTuesday, Here's A Reminder Of How Your Donations Help Americans United Defend Religious Freedom

Today is #GivingTuesday, an international day of philanthropy that kicks off the charitable season. Thanks to generous gifts from our supporters on #GivingTuesday and throughout the year, Americans United has been able to continue to fight against attacks on religious freedom.

We’ve Spent The Past Year Fending Off Donald Trump’s Attacks On Religious Freedom

A year ago, when Donald Trump and Mike Pence were elected to the highest offices in the land, Americans United warned of the many threats this administration posed to church-state separation. We promised that if any of those threats came to fruition, we would be ready to fight back and defend religious freedom.

Americans United Sues Trump Administration Over Rules That Threaten Women’s Access To Birth Control

Americans United is following through on a promise we made when the Trump administration announced an attack on women’s healthcare last month: We’ve filed a federal lawsuit challenging the administration’s new regulations that allow employers and universities to use religion as an excuse to deny their staff and students health insurance coverage for birth control.

Join Americans United In Pledging That Religious Freedom Is About Fairness

As we approach the start of a new U.S. Supreme Court term that will include two cases with major church-state separation implications, you can show your support for religious freedom and AU’s work by pledging that “Religious Freedom Is About Fairness.”

West Virginia County Apologizes For Discriminating Against Same-Sex Couple Who Applied For A Marriage License

Last year, Amanda Abramovich and Samantha Brookover were harassed by a West Virginia county clerk who ranted at them as they applied for a wedding license. The clerk called them an “abomination” and declared her belief that the same-sex couple shouldn’t be allowed to marry. Today, thanks to Amanda and Samantha’s courage to stand up to discrimination, Gilmer County has promised that other same-sex couples won’t face similar harassment that ruins their wedding days.

Wyoming Judge Asks Supreme Court For Permission To Discriminate Against Same-Sex Couples

A Wyoming judge has asked the US Supreme Court to consider whether she has the right to refuse to marry same-sex couples due to her religious beliefs.

Texas House Considers Anti-Transgender Bill That Threatens Religious Freedom

The Texas legislature is back in a special session called by Governor Greg Abbott (R) and the Senate has wasted no time passing troubling measures, including an anti-transgender bathroom ban. Now the action moves to the Texas House of Representatives. Although the House voted down similar bills in the regular session and the Speaker has promised to block it, the fight is far from over for this legislation.

Kim Davis Refused To Recognize Marriage Equality, And Now Kentucky Taxpayers May Pay For That

The cost of ending the legal battle over Rowan County Clerk Kim Davis’ refusal to issue marriage licenses to same-sex couples may exceed $220,000—and Kentucky taxpayers currently are on the hook.

Two New Trump Administration Attorneys Have Worked To Undermine Women’s Healthcare

As new federal regulations reportedly are imminent that would gut the Affordable Care Act (ACA) requirement that most health insurance plans cover contraceptives, two Trump administration attorneys who fought for employers to be able to cite religious beliefs as justification to deny women access to vital healthcare have been in the news recently.

AU Supports Mississippians Challenging Discriminatory HB 1523, A So-called “Religious Freedom” Law

AU Supports Mississippians Challenging Discriminatory HB 1523, A So-called “Religious Freedom” Law

Because our laws should be a shield used to protect religious freedom and not a sword used to harm others, Americans United has filed a friend-of-the-court brief in support of the Mississippians challenging the state’s discriminatory House Bill 1523

A Colorado Case Gives The Supreme Court An Opportunity To Say That Businesses Can’t Use Religion As An Excuse To Discriminate

Monday was the two-year anniversary of the U.S. Supreme Court decision in Obergefell v. Hodges, the landmark case in which the high court recognized the rights of same-sex couples to marry. The Supreme Court chose that anniversary to announce it will review Masterpiece Cakeshop v. Colorado Civil Rights Commissionthe case of a Colorado baker who refused to provide a wedding cake to a same-sex couple.

AU Tells Federal Court: Trump’s Leaked Contraception Rule Would Harm Women

From AU's Wall of Separation blog: 

Late Thursday, Americans United told a federal appeals court that women would be severely harmed by the Trump administration’s proposed change to the current requirement that health insurance cover contraceptives, a change that would allow employers and universities to use religion as an excuse to deny contraceptive coverage completely.

Just as religious freedom is a fundamental American value, so is being able to make your own choices about healthcare. Decisions about women’s health should be left to women—not to politicians or employers.

But President Donald J. Trump, his Health and Human Services Secretary Tom Price and others in his administration want to give bosses the right to insert themselves into the private healthcare decisions of their employees, and misuse the concept of religious freedom to justify this invasion.

The proposed regulation, initiated by Trump’s May 4 executive order, would allow any employers to cite religious – or even “moral” – objections to opt out of the Affordable Care Act (ACA) provision that requires health-insurance plans to cover birth control with no co-pay. There’s no back-up plan. Under the Trump proposal, if the boss declines to cover contraceptives, the cost shifts to employees and students. (For more details on the Trump plan, read our analysis at our Protect Thy Neighbor project.)

“Using religion as an excuse to jeopardize women's access to basic healthcare is discrimination, plain and simple,” Richard B. Katskee, AU’s legal director, said in response to the Trump proposal. “If the rule is made final, we will fight it at every turn.”

In fact, AU has already begun fighting it: We filed our objections to the proposed rule with the 7th U.S. Circuit Court of Appeals yesterday, describing how the proposal – or any rule change that doesn’t provide affordable, seamless access to necessary healthcare—will harm women.

AU represents students in the case University of Notre Dame v. Price. These are the only women at risk of losing birth control coverage who are parties to the ongoing lawsuits filed in response to the ACA’s contraceptive-coverage provision.

The Obama administration had created an accommodation for non-profits with religious objections (and since expanded it to for-profit companies following the U.S. Supreme Court’s Hobby Lobby decision). Under this accommodation, organizations need only complete a short form to opt out of providing contraception coverage, and the government will work with third-party insurers to provide the coverage at no cost to the affected women.

But attacks on contraception coverage persisted in ongoing litigation as some organizations argued that merely requesting the opt-out violates their religious freedom.

These cases, including Notre Dame v. Price, have remained in limbo since the U.S. Supreme Court returned them to the lower courts in May 2016. AU and the other parties in our case were required to file status updates yesterday with the 7th Circuit.

AU’s report told the court that the Trump administration’s proposed change “would modify the religious accommodation at issue here in just the way that the government previously reported could not be done without depriving women like (our clients) of access to essential health services.”

That result would violate the First Amendment’s church-state provisions, which forbid “religious exemptions or accommodations from generally applicable laws that would have a ‘detrimental effect on any third party.’”

AU will continue to make it clear that religion cannot be used as an excuse to discriminate against women in their healthcare coverage.

Stay tuned—we’ll keep you posted on what happens with Trump’s proposal, this lawsuit and all of our Protect Thy Neighbor work to stop those who would misuse religious freedom as an excuse to harm others.

Federal Appeals Court Should Rule Religion Can’t Be Used As Excuse To Discriminate Against Gavin Grimm And Other Transgender Students

Gavin Grimm didn’t ask to be the face of the fight for transgender civil rights in America. But that’s just what he became when he asked his Virginia high school to recognize his humanity.