All posts by Elizabeth Boylan

Proposed New York State Health Regulation Contains Troubling Exemption: The PRPCP Responds to a Proposal on Abortion Access

Cross-Posted on the Center for Gender & Sexuality Law Blog, and at Medium
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Press Release:
March 29, 2017

From:
Columbia Law School, The Public Rights Private Conscience Project

Subject:
Proposed New York State Health Regulation Contains Troubling Exemption: The Public Rights/Private Conscience Project Responds to a Proposal on Abortion Access

Contact:
Liz Boylan, eboyla@law.columbia.edu, 212.854.0167

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A proposed New York State regulation requiring insurance plans to cover “medically necessary” abortions contains a broad religious exemption that would undermine the state’s longstanding commitment to reproductive health. The exemption—which is not required by New York’s Constitution or laws— defines the term “religious employers” to include large nonprofits and even some for-profit companies. In the face of a national movement to enact anti-LGBTQ and anti-choice religious exemptions, the regulation would set a harmful precedent by accommodating religion at the expense of other fundamental liberty and equality rights. On Monday, March 27th,  Elizabeth Reiner Platt, Director of Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) submitted a comment on behalf of the PRPCP to the NYS Department of Financial Services “to express [] deep concerns regarding the regulations’ expansion of New York’s existing definition of religious employers.”

Noting that religious liberty is already robustly protected in New York, PRPCP’s comment states, “allowing an organization that operates in the public sphere to violate neutral employee health and benefit laws serves to reduce, not enhance, true religious pluralism.  This is especially true when such accommodations single out particular religious tenets, such as opposition to abortion, for special protection.”

“The proposed regulation would allow organizations to treat a medically necessary procedure overwhelmingly obtained by women differently than any other type of care,” said Elizabeth Reiner Platt. “Rather than surrender to the troubling trend of protecting particular religious beliefs at the expense of reproductive health, New York should continue to be a national leader in guaranteeing access to comprehensive health care.”

The PRPCP’s mission is to address contexts in which religious liberty rights conflict with or undermine fundamental rights to equality and liberty through academic legal analysis. PRPCP approaches the developing law of religion in a manner that respects the importance of religious liberty while recognizing the ways in which broad religious accommodations may violate the First Amendment’s Establishment Clause.

Read the full letter from the Public Rights/Private Conscience Project here:
http://tinyurl.com/PRPCP-3-27

Read the NYS Department of Financial Services Proposed Amendment here: http://www.dfs.ny.gov/insurance/r_prop/rp62a48text.pdf

For more information on the PRPCP, visit the PRPCP’s webpage, here: http://tinyurl.com/PRPCP-Columbia

EEOC Proposed Guidance Shows We Can Protect Religious Freedom & LGBTQ Rights

Press Release:
March 23, 2017

From:
Columbia Law School, The Public Rights/Private Conscience Project

Subject:
EEOC Proposed Guidance Shows We Can Protect Religious Freedom & LGBTQ Rights

Contact:
Liz Boylan, eboyla@law.columbia.edu, 212.854.0167

March 23, 2017: While the President and Congress consider acts to expand religious exemptions at the expense of LGBTQ and other rights, a proposed federal regulation demonstrates that we can—and should—protect both religious and LGBTQ communities. The Public Rights/Private Conscience Project (PRPCP) at Columbia Law School submitted commentary this week commending the Equal Employment Opportunity Commission (EEOC) on their “Proposed Enforcement Guidance on Unlawful Harassment,” which protects the right of religious employees to discuss their beliefs while prohibiting religiously-motivated harassment in the workplace.

Professor Katherine Franke, Faculty Director for the PRPCP commented, “At a time when we are witnessing government officials engaging in both troubling violations of the Establishment Clause and blatant forms of religion-based discrimination, the EEOC’s proposed guidelines offer a reasoned and careful way to harmonize religious liberty and equality in the workplace.”

Elizabeth Reiner Platt, Director of the PRPCP elaborates, “The proposed guidelines respect both the right to express one’s religious beliefs and the right to a safe and productive work environment. This kind of carefully tailored religious accommodation protects all workers from discrimination.”

The PRPCP’s letter notes that nearly one in three transgender workers, and up to 43% of gay, lesbian, and bisexual people, have faced employment discrimination. The proposed EEOC guidelines “appropriately explain that Title VII’s duty to accommodate religion does not amount to an official sanctioning of religiously-motivated harassment-including against LGBTQ employees, who already face pervasive discrimination in the workplace.”

The EEOC’s responsibility to protect religious minorities and LGBTQ persons is of critical importance, as the Trump Administration continues to issue Executive Orders that roll back LGBTQ protections and express disapproval of Muslims. Of particular concern is a potential Executive Order on Religious Freedom. If signed, the order could provide a special license for those holding certain conservative religious beliefs— including opposition to same-sex marriage, sex outside different-sex marriage, and abortion—to violate any regulations that conflict with these beliefs.

The PRPCP’s mission is to address contexts in which religious liberty rights conflict with or undermine fundamental rights to equality and liberty through academic legal analysis.  PRPCP approaches the developing law of religion in a manner that respects the importance of religious liberty while recognizing the ways in which broad religious accommodations may violate the First Amendment’s Establishment Clause, which, “not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.”[1]

Read the full letter from the PRPCP here: http://tinyurl.com/PRPCP-Columbia-EEOC-Letter

For more information on the PRPCP, visit the PRPCP’s webpage, here: http://tinyurl.com/PRPCP-Columbia

The EEOC’s Proposed Enforcement Guidance on Unlawful Harassment is available here: https://www.regulations.gov/document?D=EEOC-2016-0009-0001

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[1] https://www.law.cornell.edu/wex/establishment_clause

Trump’s Executive Order Barring Muslims is Unconstitutional

PRESS STATEMENT

FROM: 
Public Rights/Private Conscience Project

RE: Trump’s Executive Order Barring Muslims is Unconstitutional

DATE: January, 30 2017

MEDIA CONTACT: Elizabeth Reiner Platt, elizabeth.platt@law.columbia.edu, (212) 854-8079

Columbia Law School’s Public Rights/Private Conscience Project joins with thousands of lawyers, law professors, and legal organizations across the country in announcing that President Donald Trump’s recent Executive Order writing a religious preference into U.S. policy is unconstitutional. The Order—issued late Friday afternoon, hours after the administration recognized Holocaust Remembrance Day—suspends the entire U.S. Refugee Admissions Program, declares that “entry of nationals of Syria as refugees is detrimental to the interests of the United States,” and cuts off entry into the U.S. for certain nationals of majority-Muslim countries. Several provisions of the order are clearly intended to block immigration by Muslim refugees while providing a preference for some Christian refugees to escape violence and persecution by resettling in the U.S. The Executive Order amounts to both a form of state sponsored discrimination against persons of one particular faith and a religious preference for persons of another faith, in violation of the First Amendment of the Constitution.

While the Refugee Admissions program is suspended, Trump’s Executive Order nevertheless allows entry of refugees on a case-by-case basis if the administration deems their admission “in the national interest,” specifically mentioning members of minority religions abroad. When and if the program is reinstated, the Order directs the agencies to “prioritize” members of minority religions. The Order also directs agencies to recommend legislation to the President that would “assist with such prioritization.” There is no Constitutionally-legitimate reason why the U.S. should prioritize the entry particular religious groups, or determine that the entry of certain religious believers is or is not in the “national interest.” While written in ostensibly neutral language, it is apparent that the Order’s preference for refugees who are religious minorities in their country of origin is intended to shut out Muslim refugees.

Current federal law prohibits any preference, priority, or discrimination in the issuance of immigrant visas on account of the applicant’s race, sex, nationality, place of birth, or place of residence – religion is not on the list, 8 U.S.C. § 1152(a)(1)(A). Yet, under the Supreme Court’s interpretation of the Establishment Clause of the First Amendment, the new Trump immigration Executive Order is clearly unconstitutional. The state may not “act[] with the intent of promoting a particular point of view in religious matters,” nor may it “aid, foster, or promote one religion or religious theory against another.” Similarly, the state’s laws and policies must be neutral with respect to religion and between religions – that is, it may not favor adherents of one religion over another. The Court, and Justice Kennedy in particular, has taken the view that the Establishment Clause together with the Free Exercise Clause embrace an anti-persecution principle – expressly linking the religion clauses to the Equal Protection clause’s non-discrimination norm. In the words of Chief Justice Rehnquist, “we have sometimes characterized the Establishment Clause as prohibiting the State from ‘disapprov[ing] of a particular religion.’” Thus, there are many grounds on which to challenge the new anti-immigrant Executive Order, both for persons holding valid immigrant visas and for those seeking new visas or refugee status. One of those grounds is that this odious new policy violates the Establishment Clause of the First Amendment.

While the Order leaves open the confounding questions of what constitutes a religious “minority” considering the great diversity of beliefs and practices within major world religions, as well as how the State will identify religious adherents, it is clear from both the face of the Order and the context around its creation that Trump’s actions are intended to discriminate based on religious belief. President Trump has pledged to instate a Muslim ban throughout his campaign, and he has now taken a significant step to fulfill this promise. “At its core, the Establishment Clause of the First Amendment forbids the U.S. government from determining which religions or religious beliefs are or are not acceptable, desirable, or American,” said Elizabeth Reiner Platt, Director of PRPCP. “This Order violates that crucial limitation.”

“It is alarming that one of the Trump Administration’s first policies is to issue a religious litmus test for refugees and immigrants seeking entry to the U.S.,” observed Katherine Franke, Sulzbacher Professor of Law and Faculty Director of PRPCP. “If the First Amendment of the U.S. Constitution stands for anything it is that the state must neither prefer or discriminate members of any particular religious tradition when it issues policy.”

Report: Church, State & the Trump Administration

PRESS RELEASE

JANUARY 30, 2017 

Trump and Cabinet Nominees Seek to Restrict Muslim Rights, Break Down the Wall Between Church and State

MEDIA CONTACT: Ashe McGovern
amcgovern@law.columbia.edu

A new document issued by the Public Rights/Private Conscience Project (PRPCP) at Columbia Law School outlines the numerous areas in which the Trump administration will seek to advance particular conservative Christian tenets, restrict the rights of religious minorities, and break down the barrier between church and state. Enactment of the administration’s policy priorities would call into question the careful balance that currently exists between the First Amendment and other fundamental rights guaranteed under the Constitution. The report, entitled Church, State & the Trump Administration, highlights the ways in which the new administration’s early executive actions and cabinet nominations, as well as his campaign rhetoric and proposed policies, indicate hostility toward religious liberty guarantees of the First Amendment and an intentional disregard for other fundamental rights guaranteed by the Constitution. The report will continue to be updated in the coming weeks as the administration takes further action.

Despite his stated commitment to religious freedom, during his first week in office President Trump has issued an Executive Order that clearly expresses an official State preference for Christianity, and disapproval of Islam. Furthermore, Trump has consistently demonstrated that his policies will be grounded in the concerns of certain conservative Christian groups. His Executive Order reinstating a significantly expanded version of the anti-choice global gag rule, an expected Executive Order sanctioning anti-LGBTQ discrimination, and his selections for cabinet appointments all point to an administration that will seek to further particular religious ideals while breaking down the barrier between church and state.

President Trump and cabinet appointees appear to hold a deeply flawed understanding of the First Amendment, and particularly the Establishment Clause, which prohibits the government from favoring or disfavoring any religious group or belief. If confirmed, many of his appointees are likely to implement policies that will harm the rights of religious and other minorities, particularly Muslim communities, LGBTQ people, and communities seeking access to adequate healthcare and protection of their reproductive rights. A recently released report by PRPCP also highlights the ways in which communities of color are particularly harmed by the religious exemptions that President Trump, Vice President Pence, and others in his cabinet have championed.

“Despite his insistence that the protection of religious liberties is a top priority, Trump has made clear, through executive orders and cabinet appointments, that he seeks only to prioritize a version of white Christian nationalism and supremacy, that, if left unchecked, would create tangible harms to many marginalized communities—and violate fundamental liberty and equality guarantees under the Constitution,” said Ashe McGovern, Associate Director of PRPCP.

“Religious freedom is fundamentally inconstant with the State’s endorsement of particular religions or religious beliefs,” said Elizabeth Reiner Platt, PRPCP’s director. “Anyone committed to free exercise rights should be deeply concerned with Trump and his cabinet’s apparent distain for the separation of church and state.”

“The new administration has shown a disturbing commitment to write the First Amendment out of the U.S. Constitution,” said Katherine Franke, Sulzbacher Professor of Law and Faculty Director of PRPCP.   “In its first week in office the Trump White House has been remarkably aggressive in both embracing a particular religious agenda in violation of the Establishment Clause and discriminating against people whose faith it disfavors in violation of the Free Exercise Clause of the First Amendment,” Franke continued.

Read the full report here.

 

Unmarried and Unprotected: How Religious Liberty Bills Harm Pregnant People, Families, and Communities of Color

PRESS RELEASE

FROM: PUBLIC RIGHTS/PRIVATE CONSCIENCE PROJECT

RE: New Report Reveals That Religious Exemptions Laws Disproportionately Harm Communities of Color

MEDIA CONTACT: Kira Shepherd, 215-908-4825, ks3377@columbia.edu

New York, NY – A new report shows how recent legislative efforts to expand religious liberty rights, such as the First Amendment Defense Act (FADA), allow religious objectors to violate laws that protect against pregnancy, familial status, and marital status discrimination. These measures will disproportionately impact women of color who are more likely to become pregnant and raise families when unmarried. The report issued by Columbia Law School’s Public Rights/ Private Conscience Project (PRPCP), entitled Unmarried and Unprotected: How Religious Liberty Bills Harm Pregnant People, Families, and Communities of Color, highlights. the under-examined negative consequences of many religious exemption bills – how overly-broad religious exemption laws can be used to undermine sexual liberty and equality rights.

Many recently proposed religious exemptions bills, most notably FADA, which President Trump has highlighted as a top legislative priority, would confer special protections for the religiously motivated belief that sexual relations should only take place between married different-sex persons. By allowing religious objectors to defy all laws that conflict with their religious beliefs about sex and marriage, FADA and similar bills would significantly undermine the reach of federal and state anti-discrimination laws, including the Pregnancy Discrimination Act, Fair Housing Act, and Equal Credit Opportunity Act. Such exemptions would permit (if not encourage) religious objectors to engage in a wide range of discriminatory acts against unmarried pregnant and parenting persons, including denial of employment, housing, public benefits, and access to social services. An earlier report by PRPCP offers an overview of state and federal religious exemption bills.

Although these bills have the potential to harm anyone who has had sex when unmarried, people of color, especially African Americans, would particularly suffer their effects. This is because among all racial groups, African Americans are the most likely to have and raise children outside of marriage. According to data from the National Center for Health Statistics, 70% of African American children are born to parents who are not married, followed by 67% percent of Native American children, and 53% percent of Hispanic children, compared with 35% for children born to white women. In addition, because most women of color earn less than white women and are less likely to have financial cushions, religious exemptions laws that sanction employment, housing, and benefits discrimination stand to present women of color with far greater financial burdens.

“This report shows that policymakers across the nation are leveraging religion to push forward crude and discriminatory laws that impose extreme financial, dignitary, and emotional harm on women of color and their families,” said Kira Shepherd, Associate Director of PRPCP’s Racial Justice Program. “These laws could turn back the clock on some of the progress this country has made towards racial justice. They have the potential to take us back to a dark era where certain religious views were used as a justification for legal discrimination.”

PRPCP Director Elizabeth Reiner Platt said, “Women of color already face disproportionately high rates of pregnancy discrimination. In the name of protecting religious beliefs, FADA and similar state-level exemptions would impose yet another burden on many low-income families and families of color.”

Read the full report here.

PRPCP is a think tank based at Columbia Law School whose mission is to bring legal academic expertise to bear on the multiple contexts in which religious liberty rights conflict with or undermine other fundamental rights to equality and liberty. To learn more about the organization visit our website at: http://web.law.columbia.edu/gender-sexuality/public-rights-private-conscience-project.

PRPCP is on Facebook and Twitter.  Follow us to keep up to date with the latest information regarding our research, programs, and events.

Welcome to Ashe McGovern, Associate Director, Public Rights/Private Conscience Project

September 12, 2016

The Public Rights/Private Conscience Project at Columbia Law School’s Center for Gender & Sexuality Law is thrilled to welcome our newest staff member, Ashe McGovern. Ashe joins the PRPCP as Associate Director, filling the role held by the project’s Elizabeth Reiner Platt prior to her appointment as Director of the project in June of this year.  Ashe will be working with the PRPCP leading our efforts to analyze the scope and effects of legislative language that seeks to broaden religious liberty rights and will coordinate our work with state Attorneys General.

Before joining Columbia, Ashe was a Policy Analyst at the Center for American Progress (CAP) in Washington, DC, where they engaged in state and federal public policy research, analysis, and advocacy with a focus on LGBTQ poverty and the criminalization of LGBTQ communities. Prior to CAP, Ashe worked as an Equal Justice Works Fellow at New York Legal Assistance Group, where they launched the LGBTQ Health and Economic Justice Initiative to provide direct legal services and advocacy to low-income LGBTQ communities in New York.

While a student at Cornell Law School, Ashe worked at several civil rights organizations including the National Center for Lesbian Rights and Lambda Legal, and was a Holley Law Fellow at the National LGBTQ Task Force. They additionally participated in legal clinics representing clients on a variety of matters, including clients experiencing violence in prison, families seeking lawful immigration status and low wage workers seeking union recognition. Ashe is the author of When Schools Refuse to Say Gay: The Constitutionality of Anti-LGBTQ “No-Promo-Homo” Public School Policies in the United States, 22 CORNELL J.L. & PUB. POLICY 465 (2012), and their work has been published in The Nation, NPR, Huffington Post, The Advocate, and ThinkProgress, among other sites. Prior to law school, Ashe worked as an adult education teacher in Brooklyn.

“Ashe’s experience and leadership working at the intersection of racial, economic, and sexual justice will strengthen the Public Rights/Private Conscience Project’s work illuminating the meaning and stakes of the rise of religious liberty claims in the current civil rights climate,” said Professor Katherine Franke, PRPCP’s Faculty Director.

For more about Ashe, please see their staff page at the PRPCP website, here.  To learn more about the PRPCP’s work, please see our homepage, here, and follow us on Facebook and Twitter.

PRPCP’s Testimony on Pennsylvania SB1306: No Additional Protections for Religious Freedom Are Necessary if State Adds Sexual Orientation and Gender Identity to Its Human Relations Law

Professor Katherine Franke, Faculty Director for the Public Rights/Private Conscience Project, was invited to testify before the Pennsylvania Senate’s Labor and Industry Committee on the need to include greater protections for religious liberty in a bill that would add Sexual Orientation and Gender Identity to Its Human Relations Law. She argues that current language contained in Pennsylvania’s Human Relations Act, the U.S. and Pennsylvania Constitutions, and Pennsylvania’s Religious Freedom Protection Act, provide robust protections for the religious liberty rights of faith-based employers, and as such no additional language is needed in SB 1306 to protect employers’ rights to the free exercise of religion.

Indeed, some of the language contained in amendments to companion bills previously pending before the Pennsylvania legislature risks building into the Commonwealth’s Human Relations Act an overly-solicitous accommodation of religious preferences in a manner that could create a violation of the Establishment Clause. An additional accommodation of religious belief, such as that contained in A08770 offered to SB 1307 in the Senate Housing and Urban Affairs Committee, “A08770,” is therefore unnecessary and, moreover, risks unsettling a well-considered balance set by the Pennsylvania legislature and courts between religious liberty and other equally fundamental rights. By creating a religious accommodation that would meaningfully harm other Pennsylvanians, A08770 conflicts with established First Amendment doctrine.

Read the testimony here.

We’re hiring! Seeking an Associate Director for the Public Rights/Private Conscience Project

We are pleased to announce that we are seeking an Associate Director to work with the Public Rights/Private Conscience Project at the Center for Gender and Sexuality Law at Columbia Law School.

The job description is as follows below, and may be accessed via Idealisthttp://www.idealist.org/view/job/xjk6T6cT55Cp/

Job Description

Columbia Law School seeks an Associate Director to serve as part of the project’s onsite team reporting to Elizabeth Reiner Platt, Project Director of the Public Rights/Private Conscience Project at Columbia Law School.

The Public Rights / Private Conscience Project is a unique law and policy think tank based at Columbia Law School. It’s mission is is to conceptualize and operationalize new frames for understanding religious exemptions and their relationship to reproductive and sexual liberty and equality rights, and to disseminate those frames through legal scholarship, public policy interventions, advocacy support, and popular media representation.

Responsibilities

Programming

  • Conduct legal and policy analyses of state and federal proposals that would expand the scope and nature of religious liberty rights.
  • Play a key role in formulating and executing a pilot project to engage state attorneys and solicitors general around the tension between sexual and reproductive rights/liberty and religious liberty, with the goal of sparking state-level outcomes from the relevant offices.
  • Facilitate participation of academic partners in efforts to publicize the impact of religious exemption laws on PRPCP’s focus issues and communities.
  • Work with the PRPCP Director to build our capacity to actively participate in the multiple advocacy coalitions forming around religious exemption work, particularly in the reproductive rights and LGBT rights communities, and to undertake more collaborative work with advocacy organizations.
  • Maintain PRPCP’s presence on social media, including Facebook, Twitter, and regular content posting to PRPCP’s blog. (10%).
  • Assist in logistical planning for meetings, convenings, and conferences.
    Management & Funding

Work with Director to identify potential partners for programs, projects, and initiatives.

  • Assist in drafting grant proposals and annual budgets for Program initiatives.
  • Assist in preparing grant reports and other compliance documents required by Columbia Law School or Columbia University.

Elizabeth Platt Appointed Director of the Public Rights/Private Conscience Project

 

 

 

 

 

 

 

 

 

 

 

 

 

June 1, 2016 – The Public Rights/Private Conscience Project (PRPCP) at Columbia Law School is delighted to announce that Elizabeth Reiner Platt has been appointed as the Project’s Director, effective today.

Liz Platt joined the PRPCP last November as Associate Director, and has led our efforts to address the constitutional infirmities of legislation introduced in scores of state legislatures that would create overly broad religious liberty rights.

A graduate of NYU School of Law, Liz was awarded a Flora S. and Jacob L. Newman Prize (Outstanding Note for the Review of Law & Social Change) for her Note, Gangsters To Greyhounds: The Past, Present, And Future Of Offender Registration, 37 N.Y.U. Rev. L. & Soc. Change 727 (2013).  After law school she was a Carr Center for Reproductive Justice Fellow at A Better Balance, and then worked as a staff attorney with MFY Legal Services representing clients with mental illness.  She currently serves on the New York City Bar Association Sex and Law Committee and the Urban Justice Center Sex Workers Project Host Committee.

“I am excited to have Liz succeed Kara Loewentheil as Director of the PRPCP, leading the preeminent academic think tank conceptualizing the constitutional and policy implications of religious exemptions and their relationship to reproductive and sexual liberty, and racial, sexual and sexual orientation-based justice,” said Professor Katherine Franke, the PRPCP’s Faculty Director.

“I’m delighted to take on this new role at the PRPCP,” said Liz Platt. “It’s clearly a critical moment to examine the tension between religious rights and sexual, racial, and reproductive freedoms, and I look forward to continuing and expanding the Project’s important work at the intersection of law, policy, and academic scholarship.”

For more about Liz Platt go here.  The Public Rights/Private Conscience Project’s website is here.

Legal Scholars Reveal How the Justice Department Has Given Government-Funded Religious Organizations a Pass for Discrimination

May 10, 2016—For two years in a row, in Burwell v. Hobby Lobby and Zubik v. Burwell, the Obama administration has argued before the U.S. Supreme Court that the Religious Freedom Restoration Act (RFRA) does not give religious believers the right to accommodations that would harm others. Yet an analysis issued by Columbia Law School’s Public Rights/Private Conscience Project (PRPCP), and signed by leading law professors, finds that for nearly a decade the U.S. Department of Justice (DOJ) has bestowed this right on religious recipients of government grants.

The PRPCP analysis argues that a 2007 DOJ ruling, which grants overly broad religious accommodations to federal contractors, misinterprets RFRA and violates the Establishment Clause of the First Amendment. The Bush-era DOJ ruling, commonly known as “the World Vision Memo,” creates exemptions for faith-based organizations (FBOs) that receive federal grant funding from compliance with federal anti-discrimination laws. The ruling has never been withdrawn by the Obama Administration.

President Obama has condemned recently enacted “religious liberty” laws in North Carolina and Mississippi, though his administration maintains a policy that has the same discriminatory effects, the PRPCP’s report shows. Faith-based organizations that are recipients of federal grants have increasingly relied upon the DOJ’s erroneous interpretation of RFRA to demand broad religious accommodations in order to allow them to receive public funding and then elect not to provide essential services that they deem objectionable, including providing emergency contraception to unaccompanied migrant girls who have been raped during transit, or providing transition-related healthcare to transgender patients.

Since President Obama took office, LGBT and reproductive rights advocates have demanded that his administration withdraw the World Vision Memo, and the PRPCP analysis supports this position. The DOJ’s World Vision Memo misreads the law of religious liberty by allowing faith-based organizations to pick and choose which parts of a federal grant they will perform, thus running afoul of the Establishment Clause.

Katherine Franke, the Sulzbacher Professor of Law at Columbia Law School and the faculty director of the Public Rights/Private Conscience Project, explained that “neither RFRA nor the Constitution permits the government to accommodate religious belief in a way that harms other citizens, particularly the vulnerable intended beneficiaries of these federal programs. The DOJ’s misinterpretation of RFRA in this context surrenders to faith-based organizations the power to rewrite publicly funded programs to conform to grantees’ religious beliefs.”

“The idea that an organization can apply to provide reproductive health care for migrant minors and then refuse to provide that care because it conflicts with their religion is, frankly, absurd,” said Elizabeth Reiner Platt, Associate Director at the Public Rights/Private Conscience Project. “This policy makes it impossible for Congress to effectively address the pressing needs of incredibly vulnerable populations.”

Read the analysis here.