Religious Freedom and the U.S. Constitution
The First Amendment of the U.S. Constitution states that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. . . .” This text was adopted on December 15, 1791, and based on the Framers’ ideology that in order to protect religious liberty, the government must not be involved in religion. This, however, may not be exhibited in America’s ever-evolving political landscape. The use of this constitutional amendment, much like others, is often left to interpretation, thus creating issues such as over-politicizing religious practices and being too broadly applied, creating a breeding ground for discrimination.
Religious Exemptions
Religious exemptions are derived from protections that come with the free exercise of religion in the United States, and while these exemptions are nothing new, they have become a hot commodity, with the inception of the creation and mandates of the COVID-19 vaccine. In California, Kaiser Permanente came to the center of a worldwide conflict when a nurse at their San Diego Medical Center posted videos of herself being escorted from the facility after being told she was being placed on unpaid leave following her request for a religious exemption from the COVID-19 vaccination that was deemed insincere. Kaiser Permanente’s company review found that there were employees who submitted similar or nearly identical requests for exemption with language that was found from a templated online form. These actions are not atypical around the world but derive from the Trump administration, which placed a dangerously high level of importance and interest on religion.
Religious exemptions are dictated by Title VII of the Civil Rights Act of 1964, which allows workers to request an exception to a job requirement if it “conflicts with their sincerely held religious beliefs, practices, or observances” and Executive Order 11246, Equal Employment Opportunity, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in government business in one year, from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin.
While these rules are very necessary to ensure that citizens are protected and able to practice their faith, it is very clear that altering these rules can lead to issues that stretch beyond vaccine mandates.
Trump Administration Exemptions
Following the 2016 election, the Trump administration set out to create a rule that would provide a clearer interpretation of the exceptions within Title VII and Executive Order 11246. This proposal and eventual rule was met with criticism and fear that it would create a breeding ground for religion-based discrimination. The Trump administration rule specified that the exemption be applied broadly to the protection of religious exercise, creating worry that during a time when there is conflict surrounding religion and politics, this would further the pushbacks against bans on employment discrimination. According to the Office of Federal Contract Compliance Programs, the Trump administration’s rule “permits a contractor whose purpose and character is not primarily religious to qualify for the Executive Order 11246” and included for-profit contractors, and any “employers that are organized for a religious purpose, held themselves out to the public as carrying out a religious purpose, and engage in exercise of religion consistent with, and in furtherance of, a religious purpose.”
Since the creation of the Trump-era rule, the Biden administration has reversed these rules with the U.S. Department of Labor, arguing that the rule departed from standard interpretations of civil rights law banning employment discrimination. However, the impact, much like the Trump administration, is still ever present.
While this may seem like progress for those on the forefront of advocating for religious freedom, the religious exemption applied too broadly creates an environment that does the opposite of what it was created for. It creates a space of discrimination and a space for misuse of an exception designed to help people. From the beginning, courts in the United States have struggled to find a balance between the religious liberty of believers, who often claim the right to be excused or “exempted” from laws that interfere with their religious practices, and the interests of society reflected in those very laws.