Americans United for Separation of Church and State, joined by nine other religious and civil rights organizations, today urged the 4th U.S. Circuit Court of Appeals to affirm that religious freedom does not give employers a blanket license to discriminate against their workers. In an amicus brief filed in the lawsuit Doe v. Catholic Relief Services, AU and allies explained that the First Amendment doesn’t exempt religious employers from non-discrimination laws and doesn’t allow Catholic Relief Services to discriminate against an LGBTQ+ worker by compensating him less than other employees. 

Religious freedom is not a license to discriminate or harm LGBTQ+ workers

“Religious freedom is not a license to discriminate or harm LGBTQ+ workers,” said Rachel Laser, president and CEO of Americans United. “Employers don’t have a right based on their religious beliefs to dock the compensation of an employee who happens to be LGBTQ+ — that’s not how religious freedom works.

“Religious extremists continue their crusade of urging courts to grant them immunity from civil rights and anti-discrimination laws,” Laser added. “The lower court’s decision in this case is consistent with the U.S. Supreme Court, which has said religious freedom ‘does not mean that religious institutions enjoy a general immunity from secular laws.’  We urge the court to protect religious freedom for all and reject the employer’s demand for a religious exemption from Maryland’s non-discrimination laws.”

Religious & civil rights groups join AU in brief to court

Organizations joining AU on the brief include the American Civil Liberties Union; Bend the Arc: A Jewish Partnership for Justice; Central Atlantic Conference United Church of Christ; DignityUSA; Global Justice Institute, Metropolitan Community Churches; Hindu American Foundation; Methodist Federation for Social Action; Sadhana: Coalition for Progressive Hindus; and Society for Humanistic Judaism.

The brief was authored for AU by Litigation Counsel Jenny Samuels and Associate Vice President and Associate Legal Director Alex J. Luchenitser.