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26 Cardozo J. Equal Rts. & Soc. Just. 207 (2019-2020)
Balancing Burdens in Religious Freedom Claims

handle is hein.journals/cardw26 and id is 227 raw text is: BALANCING BURDENS IN RELIGIOUS FREEDOM CLAIMS TJ Denleyt I. IN TRO DU CTION ................................................................................... 207 II. HISTORY OF RELIGIOUS FREEDOM ...................................................... 210 III. HISTORY OF ANTI-DISCRIMINATION LAWS ........................................ 213 IV. RELIGIOUS FREEDOM AND RACE ........................................................ 215 V. RELIGIOUS FREEDOM AND CONSCIENTIOUS OBJECTION .................... 218 VI. RELIGIOUS FREEDOM AND LGBT INDIVIDUALS ................................ 222 VII. HOW TO ADDRESS COMPETING CLAIMS OF MORALITY .................... 226 You shall not lie with a male as with a woman; it is an abomination. ,1 I. INTRODUCTION Religion and religious beliefs can be central to one's identity, motivations, and actions. Religion and the freedom of religious expression have been a central part of the history of United States from its earliest days.2 The First Amendment of the United States Constitution guarantees all Americans the right to believe and act freely in their religion.3 Since the Civil War, the United States has moved toward equality for all persons with the adoption of the Fourteenth Amendment of the Constitution, which guarantees that all people are to be treated equally.4 The Civil Rights Act of 19645 t TJ Denley is an ordained minister in the Presbyterian Church (USA) and a law clerk in Philadelphia, Pennsylvania. I Leviticus 18:22 (NRSV). 2 See generally Religion and the Founding of the American Republic, LIB. OF CONG., https://www.loc.gov/exhibits/religion/overview.html (last visited Jan. 3, 2019) (hereinafter Religion and the Founding). 3 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. U.S. CONST. amend. I. 4 U.S. CONST. amend. XIV. I Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (codified as amended in scattered sections of 2 U.S.C., 28 U.S.C., and 42 U.S.C.).

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