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Religious Liberty Law



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Religious liberty law protects religious freedom. This fundamental right, which is guaranteed by the government, means that religious belief will not lead to unfair or discriminatory treatment. No one will be denied a job or a public office because of religious reasons. It allows a person to freely practice and express their religion without fear.

Free Exercise Clause

The First Amendment's Free Exercise Clause provides constitutional protection for religiously-motivated conduct and beliefs. While it allows for the freedom of belief and action, it is not universally applicable. In the First Free Exercise Case, for instance, the Court dealt with government power to ban polygamy. It also established a line between conduct and belief.

The Court has however also commented on the Free Exercise Clause’s contribution to religious liberty law. The Court has held that it is the role of the federal courts to resolve conflicts between the First and Free Exercise Clause.


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An individual case-by-case method to remove religious burdens

The Case-by–Case approach is focused on identifying the burden of a particular statute on religious freedom, analysing its effect on the religious community and determining whether it is substantial. A statute's burden on religion is considered substantial if it substantially limits the adherent's religious practice.


According to case law, Title VII's definitions of religion include all aspects of religious belief, practice, and observation. Employers who deny an employee employment opportunity due to their religion must make accommodations for the individual. Employers that cannot accommodate religious beliefs or practices must show that the employer does not have an unreasonable burden on their business.

Protections of religious observances or practices

Federal law is able to protect religious freedom as it is one the fundamental principles that make up our nation. Specifically, the First Amendment protects free speech and the press, as well as the right of the people to assemble and petition the government for redress of grievances. Combining these protections with the First Amendment allows religious freedom to thrive while protecting government from undue influence.

As the United States becomes more diverse, religious freedom protections must be extended to accommodate the diversity of the American population. Trump's poor handling of religious freedom has had devastating effects on religious institutions across the country and on houses of worship. This administration's mishandling religion freedom could have devastating consequences for religious institutions and houses-of- worship all across the country. It may also weaken protections against discrimination for many groups, such as members of LGBT communities. Everyone must have religious freedom as a priority, not just certain religious communities.


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Federal workplace application of the religious liberty law

Federal government has the responsibility of ensuring religious practices and observances in the workplace are respected. Title VII requires employers and employees to make reasonable accommodation for religious practices. This law covers everything, including head coverings and religious holidays. Employers must accommodate religious beliefs or observances of employees, unless they cause hardship to the employer's business.

The government should not discriminate against religious organizations in grant-making or in the selection process for federal positions. Additionally, the government shouldn't require religious organisations to surrender their Section 702 exemptions and other religious protections in exchange for participation in government programs. A further recommendation is to not second-guess factory workers' religious beliefs.



 



Religious Liberty Law