Religious liberty law is a legal right that protects a person's freedom of worship or practice. This fundamental right, which is guaranteed by the government, means that religious belief will not lead to unfair or discriminatory treatment. A person cannot be denied employment or a public post for reasons of religion. It also guarantees that one can freely practice and express religion without fear.
Free Exercise Clause
The Free Exercise Clause of the First Amendment provides constitutional protection for religiously motivated conduct and beliefs. It covers both the freedom to believe or act, but it has a limited scope. The First Free Exercise Case, which dealt with the government’s power to ban polygamy, was a case in which the Court made a clear distinction between belief and behavior.
The Court also addressed the Free Exercise Clause's place in religious liberty law. The Court has held that it is the role of the federal courts to resolve conflicts between the First and Free Exercise Clause.
The case-bycase approach to removing religious burdens
The Case by Case approach examines the impact of specific statutes on religious freedom. A statute's burden on religion is considered substantial if it substantially limits the adherent's religious practice.
According to case law, Title VII's definitions of religion include all aspects of religious belief, practice, and observation. Employers cannot deny employment to employees who are religious. They must also accommodate their practices. Employers that are unable to accommodate religious beliefs or practices must demonstrate an undue hardship on business operations.
Protections for religious practice or observance
Federal law is able to protect religious freedom as it is one the fundamental principles that make up our nation. The First Amendment guarantees freedom of speech and press and gives people the right to gather and petition government for grievance resolution. Combining these protections with the First Amendment allows religious freedom to thrive while protecting government from undue influence.
As the United States becomes more diverse, religious freedom protections must be extended to accommodate the diversity of the American population. The Trump administration's mishandling of religious freedom has had disastrous effects on religious institutions and houses of worship across the country. Furthermore, it threatens to weaken nondiscrimination protections for many groups, including members of the LGBT community. It is important that everyone has the right to religious freedom, and not just those belonging to particular religious groups.
Application of religious liberty law in the federal workplace
Federal government has the responsibility of ensuring religious practices and observances in the workplace are respected. Title VII requires employers to make reasonable accommodations for religious practices. This law covers everything from head coverings to religious holidays. Employers are required to accommodate employees' religious beliefs and observances unless they create a hardship for the employer's business.
The government shouldn't discriminate against religious groups in grant-making, or when deciding who will be appointed to federal positions. The government should not force religious organizations to give up their Section 702 exemptions or other religious protections to be eligible for the government program. Agencies should refrain from second-guessing factory workers' religious beliefs.