It is a bedrock American principle that governments cannot discriminate against religious citizens and institutions.
“In no way did America’s Founders — especially those men who drafted and ratified the First Amendment — desire to build a wall of separation between church and state.” — Mark Hall
In the absence of a compelling interest, such as preventing physical harm, governments have no right to control what goes on inside of churches and other houses of worship.
National and state governments often create accommodations to protect religious individuals from neutral, generally applicable laws, but they have also passed laws affirmatively protecting religious citizens from discrimination by both private and governmental entities. Most prominently, Title VII of the Civil Rights Act of 1964, as amended, prohibits employers with more than 15 employees from […]
Imposing the values of secularism on “oppressed” Muslim women who wish to buy burkinis merely replaces one form of religious oppression with another.
Professor Mark Hall catalogues a history of accommodating religious objections to military service in this third installment to his series on religious liberty.