Using Religion to Discriminate
FBI v. Fazaga
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI’s secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs — Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim — insist that the FBI cannot escape accountability for violating their religious freedom by invoking “state secrets.” The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the ACLU of Southern California, the American Civil Liberties Union, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
Status: Closed (Judgment)
View Case
Learn About Using Religion to Discriminate
Featured
U.S. Supreme Court
May 2020
Using Religion to Discriminate
Little Sisters of the Poor v. Pennsylvania and New Jersey/Trump v. Pennsylvania and New Jersey
Whether the government had statutory authority under the Patient Protection and Affordable Care Act and the Religious Freedom Restoration Act of 1993 to expand the conscience exemption to the contraceptive-coverage mandate.
U.S. Supreme Court
Jun 2018
Using Religion to Discriminate
Religious Liberty
Masterpiece Cakeshop v. Colorado Civil Rights Commission
Whether a business open to the public has a constitutional right to discriminate.
All Cases
16 Using Religion to Discriminate Cases
Maine
Nov 2024
Using Religion to Discriminate
St. Dominic Academy v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in the state’s school tuition program must comply with all eligibility requirements of the program – including a prohibition on discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics.
Explore case
Maine
Nov 2024
Using Religion to Discriminate
St. Dominic Academy v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in the state’s school tuition program must comply with all eligibility requirements of the program – including a prohibition on discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics.
Maine
Oct 2024
Using Religion to Discriminate
Crosspoint v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in Maine’s school tuition program must comply with all eligibility requirements of the program, including a prohibition on discrimination against students based on their religion, sexual orientation, and gender identity.
Explore case
Maine
Oct 2024
Using Religion to Discriminate
Crosspoint v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in Maine’s school tuition program must comply with all eligibility requirements of the program, including a prohibition on discrimination against students based on their religion, sexual orientation, and gender identity.
Washington
Oct 2024
Using Religion to Discriminate
Religious Liberty
Aubry McMahon v. World Vision, Inc.
On October 28, 2024, the ACLU and ACLU of Washington filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit supporting affirmance of a Washington district court decision holding that a religiously affiliated nonprofit organization violated Title VII and the Washington State antidiscrimination law when it rescinded a hiring candidate’s job offer because she is a woman married to a person of the same sex. Should the Ninth Circuit accept the organization’s First Amendment defense—that religious organizations can discriminate on any basis so long as it is grounded in their religious belief—it would gut employment protections for LGBTQ individuals and pave the way for religious organizations to discriminate on the basis of not only sex, sexual orientation, and gender identity but also other protected characteristics like race, color, and national origin.
Explore case
Washington
Oct 2024
Using Religion to Discriminate
Religious Liberty
Aubry McMahon v. World Vision, Inc.
On October 28, 2024, the ACLU and ACLU of Washington filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit supporting affirmance of a Washington district court decision holding that a religiously affiliated nonprofit organization violated Title VII and the Washington State antidiscrimination law when it rescinded a hiring candidate’s job offer because she is a woman married to a person of the same sex. Should the Ninth Circuit accept the organization’s First Amendment defense—that religious organizations can discriminate on any basis so long as it is grounded in their religious belief—it would gut employment protections for LGBTQ individuals and pave the way for religious organizations to discriminate on the basis of not only sex, sexual orientation, and gender identity but also other protected characteristics like race, color, and national origin.
California
Apr 2024
Using Religion to Discriminate
LGBTQ Rights
California Civil Rights Department v. Cathy's Creations d/b/a Tastries
On April 11, 2024, the ACLU, ACLU of Southern California, ACLU of Northern California, and ACLU of San Diego & Imperial Counties filed an amicus brief with the California Court of Appeal, Fifth Appellate District supporting the California Civil Rights Department’s appeal of a lower court judgment finding that a bakery owner did not violate the California public accommodations law when she refused to sell a wedding cake to a same-sex couple.
Explore case
California
Apr 2024
Using Religion to Discriminate
LGBTQ Rights
California Civil Rights Department v. Cathy's Creations d/b/a Tastries
On April 11, 2024, the ACLU, ACLU of Southern California, ACLU of Northern California, and ACLU of San Diego & Imperial Counties filed an amicus brief with the California Court of Appeal, Fifth Appellate District supporting the California Civil Rights Department’s appeal of a lower court judgment finding that a bakery owner did not violate the California public accommodations law when she refused to sell a wedding cake to a same-sex couple.
U.S. Supreme Court
Mar 2023
Using Religion to Discriminate
+2 Issues
303 Creative, Inc. v. Elenis
This case concerns whether applying a public-accommodation law to compel a business that chooses to serve the public to provide wedding website design services without discriminating against a same-sex couple violates the free speech clause of the First Amendment.
Explore case
U.S. Supreme Court
Mar 2023
Using Religion to Discriminate
+2 Issues
303 Creative, Inc. v. Elenis
This case concerns whether applying a public-accommodation law to compel a business that chooses to serve the public to provide wedding website design services without discriminating against a same-sex couple violates the free speech clause of the First Amendment.