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March 28, 2016

Lawsuit to Be Filed Challenging Broadest Anti-LGBT Law in the Nation

By David Barkey, Religious Freedom Counsel


Under the false and offensive pretext of safety in bathrooms, North Carolina last week enacted the broadest anti-LGBT law in the nation.  Adopted in a reckless and inequitable manner, the new law not only sanctions discrimination against LGBT people, but undermines the rights of virtually all North Carolinians.  Yesterday, ACLU, Lamda Legal and Equality North Carolina announced that they will be filing a federal lawsuit challenging the statute.

In February 2016, the City of Charlotte, NC added protections for the categories of gender identity and sexual orientation to its Non-Discrimination Ordinance.  In response, the State Legislature called a special session, customarily reserved for budget, natural disaster or redistricting emergencies, to overturn the amended Ordinance.

Flag_of_North_Carolina.svgWithin twenty-four hours, the legislature – without public hearings or input – hastily enacted sweeping legislation (House Bill 2) and the Governor signed it into law.  It prohibits transgender people from using restrooms or changing facilities in accordance with their gender identity, which ironically will require transgender men to use women’s facilities. But the law did not stop there.

It prohibits local government from adopting any anti-discrimination protections for LGBT people.  Furthermore, the law prohibits any North Carolinian from filing an anti-discrimination lawsuit in state court, including a religious discrimination claim.  It also bars local governments from raising the minimum wage or requiring contractors to pay a prevailing wage or to provide benefits such as sick leave.

House Bill 2, and the process by which it was adopted, are disgraceful.  The law conveys the clear message that the majority of North Carolina’s state government sanctions discrimination against LGBT people.  Undoubtedly it will damage the State’s economy, result in costly litigation, and jeopardize federal funding for North Carolina.  We are confident that the court hearing the lawsuit challenging House Bill 2 will strike down this appalling and unconstitutional law if the legislature does not reconsider and repeal it first.

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April 4, 2014

Coalition Promotes Expanded Religious Accommodation In The Military

On January 22, 2014 the Department of Defense (DoD) published an updated and revised Instruction 1300.17–Accommodation of Religious Practices Within the Military ServicesThe new guidance, which describes policy, procedures, and responsibilities for the accommodation of religious practices in the Armed Forces, was designed “to ensure the protection of rights of conscience of members of the Armed Forces.”  The updated guidance sought to strike the proper balance between military readiness and religious freedom for service members.   But it fell short in not providing a sufficient accommodation for some fundamental aspects of minority religious practice.  120407-M-KX613-023.jpg

For example, the guidance lays out a formal process so that Jewish and Sikh soldiers may request an accommodation for their required head coverings (a kippah or a turban) and incorporates grooming standards that provide a path for approval for beards.   However, each soldier must still request an individual, case-by-case accommodation under the guidance – a daunting and stressful prospect for some, with an uncertain outcome.   In the name of “…maintaining uniform military grooming and appearance standards,” the effect is to exclude some individuals who would otherwise welcome the opportunity to serve their country in the military.  

In January, the House Armed Services Subcommittee on Military Personnel held hearings on religious accommodations in the military. ADL, the Sikh Coalition, and the ACLU, (among others) raised this issue in their statements.  And Holly Hollman, General Counsel for the Baptist Joint Committee on Religious Liberty, articulately described  the delicate balancing act facing the military in addressing religious liberty concerns. 

Importantly, more than 100 Members of Congress have weighed in on religious accommodation in the military in a letter to the Pentagon, coordinated by Rep. Joseph Crowley (D-NY).   

And this week ADL, the Sikh Coalition, and the ACLU coordinated a letter to the Pentagon from an unusually broad coalition of twenty-one national groups with real religious liberty credentials and subject matter expertise.  The interfaith coalition letter stated that the current guidance “needlessly infringe on the rights of these religiously observant service members and prospective service members” and urged the Pentagon to fine-tune the Instruction to better accommodate religious practices. 

The same command structure that provides unique pressure to conform within the military – and potential for inappropriate proselytizing and religious coercion – also makes the direct involvement of the Pentagon’s leadership in promoting effective, uniform guidance and solutions to this problem critically important. 

The signatories to the coalition letter are: 

American Civil Liberties Union, American Jewish Committee (AJC). Americans United for Separation of Church and State, Anti-Defamation League, Baptist Joint Committee for Religious Liberty, Becket Fund for Religious Liberty, Chaplain Alliance for Religious Liberty, Christian Legal Society, The Church of Jesus Christ of Latter-day Saints, The Episcopal Church, Forum on the Military Chaplaincy, General Conference of Seventh-day Adventists, Interfaith Alliance, Muslim Advocates, National Council of Jewish Women, Sikh American Legal Defense and Education Fund (SALDEF), Sikh Coalition, South Asian Americans Leading Together (SAALT), United Methodist Church, General Board of Church and Society, Union of Orthodox Jewish Congregations of America, Union for Reform Judaism

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