Religious Privilege to Discriminate as Religious Freedom: From Charitable Choice to Faith Based Initiatives to RFRA and FADA

Posted: 16 Nov 2018 Last revised: 3 Dec 2018

See all articles by Marcia L. McCormick

Marcia L. McCormick

Saint Louis University - School of Law

Date Written: 2017

Abstract

When the Supreme Court decided that same sex couples had a right to marry, many people in the U.S. felt that the LGBTQ rights movement had achieved equality. But almost immediately, some groups pushed back against the Supreme Court's decision, arguing that they had a right to avoid complying with its implications because of their religious views. The push and pull between LGBTQ rights and religious rights has long been playing out in the workplace. This essay traces the roots of that struggle through the mid-1990s to the present.

Suggested Citation

McCormick, Marcia L., Religious Privilege to Discriminate as Religious Freedom: From Charitable Choice to Faith Based Initiatives to RFRA and FADA (2017). Washburn Law Journal, Vol. 56, 2017; Saint Louis U. Legal Studies Research Paper No. 2017-9. Available at SSRN: https://ssrn.com/abstract=3285476

Marcia L. McCormick (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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