Religious Freedom? by Groff Schroeder - August 2016

Religious Freedom?


By Groff Schroeder

So-called "religious freedom laws" suggest that the United States Constitution grants religious freedom to not only human beings, but also non-human entities such as businesses, corporations, organizations, and institutions. Ironically, these laws appear to grant citizens and non-human organizations alike the power to deny civil rights the Constitution guarantees to all citizens.

Initially used to deny access to birth control in pharmacies and hospitals, these laws assert that the “religious freedoms” of providers (often in paid positions of responsibility) are violated unless providers have the power to deny employees and customers products and services that do not conform to the religious beliefs of the provider. Existing and proposed laws allow clerks to refuse to sell birth control (or any other product) to any customer not obeying the clerk's religious ideals. More recent laws seek to deny the LBGTQ community equal access to marriage, to deny them equal access to products and services, and most recently, to regulate their access to public toilets.

There are numerous problems with this notion of “religious freedom.”

The 14th Amendment to the United States Constitution states, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." How can states allow individuals and business entities to deny anyone equal access to marriage, birth control, or any other legal product or service without violating the 14th Amendment?

Furthermore, these laws harm American Citizens. The denial of contraceptives or equal access to products and services clearly harms the employees and customers affected by these laws, not only economically, but also directly in numerous medical and societal situations. In contrast, neither Hobby Lobby, nor the Little Sisters of the Poor, nor any religious college, business, corporation, institution, or organization, nor any other non-human entity, nor their owners nor operators are harmed when their employees, family members, customers, or students are provided equal access to marriage or related services. Similarly, these entities are not harmed when employees or customers use birth control - unless the employees or customers are considered to be a form of livestock.

Finally, although promoted as defending religious freedom, these laws actually deny religious freedom. Refusing individuals products or services on religious grounds forces those denied to comply with the religious requirements of the entity denying the product or service, no matter what religious beliefs the denied individual holds (if any). America's legal foundation and tradition of civil rights guarantees everyone the freedom to choose and exercise our own religious beliefs. How can everyone enjoy religious freedom when the “religious freedom” of businesses, corporations, institutions, organizations, and even other individuals can require anyone to comply with religious mandates to which they do not subscribe?

Religious freedom cannot exist when those holding paid positions of responsibility can force anyone to comply with any religion by denying anyone products and services prohibited by any religion's mandates. Those who are exploiting American courts, law, and government to advance “religious freedom” laws appear to be sadly unfamiliar with not only the United States Constitution and the concept of equality under law, but also the ancient religious and philosophical ideal of reciprocity (the “golden rule”).



Published August 31, 2016 with the following quote.
Religion is like a pair of shoes. Find a pair that fits for you, but don't ask me to wear your shoes.
George Carlin