Nondiscrimination Rules and Religious Associational Freedom
By Gregory S. Baylor & Timothy J. Tracey*
Governments are applying rules banning “discrimination”
on the basis of religion and “sexual orientation”
to religious groups with increasing frequency. As
interpreted by the courts, the extent to which the Constitution
protects the freedom of religious groups to associate around
shared religious commitments is not entirely settled. We believe,
however, that a proper regard for religious liberty should move
government to exempt religious organizations from such
nondiscrimination rules. When government subordinates
religious freedom to other public policy objectives, courts
should—and must—find violations of the Constitution.
The Rest of the Story: 20080428_ReLibBaylor.pdf (application/pdf Object).
