ACLU: Why we can no longer support the federal ‘religious freedom’ law

These cases differ fundamentally from Singh’s. Accommodating his faith doesn’t hurt anyone else; it just requires making an exception to a rule of uniformity that was never truly uniform. Not so in these other cases. Hobby Lobby employees are harmed because they now lack a benefit guaranteed by law. People turned away by an inn or bakery suffer the harm of being told that their kind isn’t welcome. And a teenage immigrant is harmed by not being provided care or even told about other health-care options.

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Yes, religious freedom needs protection. But religious liberty doesn’t mean the right to discriminate or to impose one’s views on others. The RFRA wasn’t meant to force employees to pay a price for their employer’s faith, or to allow businesses to refuse to serve gay and transgender people, or to sanction government-funded discrimination. In the civil rights era, we rejected the claims of those who said it would violate their religion to integrate. We can’t let the RFRA be used as a tool for a different result now.

It’s time for Congress to amend the RFRA so that it cannot be used as a defense for discrimination. Religious freedom will be undermined only if we continue to tolerate and enable abuses in its name.

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