“Repealing the ban is an important step, but it does not undo the damage this policy has done to religious freedom,” said BJC Executive Director Amanda Tyler after President Joe Biden repealed the Muslim and African travel ban.
In Fulton v. Philadelphia, faith-based providers do not have a First Amendment right to demand exemption from government contracting requirement that serves the public interest.
In Tanzin v. Tanvir, a landmark religious freedom law (RFRA) should allow the same remedies as other important civil rights laws.
“By requiring that government-funded foster care agencies consider all qualified individuals, the city is ensuring that all communities – including religious communities – are treated with equality and dignity,” said BJC General Counsel Holly Hollman about the Fulton v. Philadelphia case.
“The decision’s high concern for equal treatment of religious schools disregards the distinctiveness of religion in our constitutional order and contradicts the special treatment that religion rightfully receives to keep government from influencing and interfering with it,” said Holly Hollman.
BJC’s friend-of-the-court brief in Espinoza v. Montana Department of Revenue explains that avoiding government funding of religion is a key protection for religious liberty. “This special treatment of religion stems from our country’s deep and abiding commitment to religious liberty for all,” said BJC General Counsel Holly Hollman.