Advancing Progressive Religious Liberty: Balancing Belief And Individual Rights.pdf

The U.S. Supreme Court's consideration of Zubik v. Burwell in 2016 highlighted the misuse of religious liberty to defend discrimination and intolerance. The Affordable Care Act's employer contraceptive coverage mandate was challenged by plaintiffs who argued that the law violated their religious freedoms, despite the ability to opt out by filling out a simple form. This case exemplified cynical efforts by extreme conservatives to exploit religion to justify policies that discriminate and endanger the rights of Americans.

Religious liberty has always been a core American value, enshrined in the First Amendment, but state legislatures have advanced bills creating harmful, imbalanced protections for business owners, government officials, and private parties opposed to national marriage equality, certain health care decisions, and LGBT rights. Conservative lawmakers have pledged support for the First Amendment Defense Act, which would allow marriage equality opponents and those with objections to premarital sex to refuse to follow laws without penalty or government intervention.

Americans of faith and conscience across the ideological spectrum reject the use of religion to discriminate and justify harm against others. A progressive understanding of religious liberty restores balance and inclusion for religious and nonreligious Americans alike, ensuring that one group cannot impose its beliefs or practices on another. This report articulates a hopeful, progressive framework for religious liberty, critical to reaching increasingly influential demographics, including Millennials.

The report offers four recommendations to advance progressive religious liberty:

1. Highlight the support of the faith community for progressive policies, such as reproductive health care access and comprehensive nondiscrimination protections, in conjunction with opposition to overly broad religious exemptions.
2. Demonstrate that abuses of religious liberty protections can have a disproportionate negative impact on vulnerable communities, such as women of color and LGBT youth.
3. Call out the hypocrisy of "war on religion" narratives by framing anti-Muslim bigotry as a religious liberty issue and calling it what it is – discrimination against Muslim citizens and immigrants alike.
4. Fight overly broad religious exemptions on the state and federal levels, support comprehensive nondiscrimination protections, and advance legislation that affirms a progressive vision of religious liberty balanced with protections against harm to others.