“Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation

Over the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance cove...

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Main Author: Alex J. Luchenitser
Format: Article
Language:English
Published: MDPI AG 2016-09-01
Series:Social Sciences
Subjects:
Online Access:http://www.mdpi.com/2076-0760/5/4/52
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author Alex J. Luchenitser
author_facet Alex J. Luchenitser
author_sort Alex J. Luchenitser
collection DOAJ
description Over the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance coverage, healthcare services, marriage-related services, employment, and housing. For each area, the article analyzes recent litigation, compares it to earlier activity (if any), and discusses the kinds of arguments that have been made, how courts have responded to them, and how such arguments are likely to fare in the future. The article concludes that the ultimate fate of many of these kinds of cases will likely be determined by who the next member is of a U.S. Supreme Court that is currently split four-four between social liberals and conservatives.
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spelling doaj.art-7c78c81c2d3e47cfa46de61e56955e842022-12-22T03:33:45ZengMDPI AGSocial Sciences2076-07602016-09-01545210.3390/socsci5040052socsci5040052“Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in LitigationAlex J. Luchenitser0Americans United for Separation of Church and State, Washington, DC 20036, USAOver the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance coverage, healthcare services, marriage-related services, employment, and housing. For each area, the article analyzes recent litigation, compares it to earlier activity (if any), and discusses the kinds of arguments that have been made, how courts have responded to them, and how such arguments are likely to fare in the future. The article concludes that the ultimate fate of many of these kinds of cases will likely be determined by who the next member is of a U.S. Supreme Court that is currently split four-four between social liberals and conservatives.http://www.mdpi.com/2076-0760/5/4/52religious freedomreligious libertycontraceptive coveragewomen’s rightsLGBTQ rightsmarriage equalityemployment discriminationhousing discrimination
spellingShingle Alex J. Luchenitser
“Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation
Social Sciences
religious freedom
religious liberty
contraceptive coverage
women’s rights
LGBTQ rights
marriage equality
employment discrimination
housing discrimination
title “Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation
title_full “Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation
title_fullStr “Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation
title_full_unstemmed “Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation
title_short “Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation
title_sort religious freedom as a tool to oppress the explosion in religion based attacks on civil rights in litigation
topic religious freedom
religious liberty
contraceptive coverage
women’s rights
LGBTQ rights
marriage equality
employment discrimination
housing discrimination
url http://www.mdpi.com/2076-0760/5/4/52
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