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LGBTQ+ RIGHTS

Defending LGBTQ People From Attacks By Religious Extremists

Summary

The separation of church and state protects not only your right to believe as you choose – it protects your right to live as you choose – as your authentic self. Who you love, the family you make, the way you parent if you choose to have children, the healthcare you decide on, how you dress, and what you choose to call yourself are all protected by the separation of church and state.

Church-state separation means that Christian Nationalists and their lawmaker allies can’t use our country’s laws to impose their narrow beliefs on others or misuse religious freedom to deny LGBTQ+ people equal rights. But that is exactly what is happening.

Resources

Issues

Learn more about the important issues we face

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What you should know about the issues

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Visit the timeline of important milestones

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What you can do today to defend LGBTQ+ equality

The current Supreme Court has allowed this misuse of religious freedom to discriminate in its recent decisions. Meanwhile, the Trump Administration is implementing Project 2025, which includes policies that target marriage equality, gender identity, what constitutes a family, and calls for removing the laws and policies that protect LGBTQ+ people from discrimination in schools, workplaces, healthcare, and social services.

There’s no sugarcoating it: The next few years will not be easy. But Americans United has been fighting for freedom without favor and equality without exception for nearly 80 years. Together, we can fight for a national recommitment to the separation of church and state that protects us all.

Religious freedom is being misused to discriminate
against LGBTQ+ people

Issues

Articles

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ISSUES

The most important issues we're facing:

  • Discrimination in the name of religion
  • Denial of health care
  • Discrimination in adoption and foster care
  • Erasure of transgender rights and identities
  • Restrictions on LGBTQ+ content in public education

White Christian Nationalism and the anti-LGBTQ+ movement

The anti-LGBTQ+ movement has deep roots in white Christian Nationalism. Concerned by the growing support for the civil rights movement, religious extremists Jerry Falwell, Paul Weyrich, Tim LaHaye and Richard Viguerie founded the Moral Majority, merging conservative evangelical Christianity with political activism. This grew into the billion dollar Shadow Network of religious extremists AU is battling today. That network has strategically used anti-LGBTQ+ rhetoric and religious doctrine to mobilize their base, shape public policy and urge courts to give their narrow religious beliefs the power of law.

The Trump administration and its Christian Nationalist allies want to stop the advancement of LGBTQ+ rights and erase the gains we have made. But the foundational principle of separation of church and state protects LGBTQ+ people from these attacks by promising freedom without favor and equality without exception.

Religious freedom is a shield, not a sword

The Constitution isn’t perfect, but America’s Founders got a few things right, including church-state separation and religious freedom. They understood that when the government favors one religion over others, it favors a few while excluding everyone else. Religious freedom is meant to be a shield to protect the rights of everyone, not a sword to harm others. “Everyone should have equal access to goods and services, regardless of who they love, who they are, how they worship, or what they look like. Our Constitution’s promise of church-state separation means that religious freedom cannot be turned into a license to discriminate,” said Rachel Laser, president and CEO of Americans United.

What You Should Know:

The Do No Harm Act

The Do No Harm Act

The Do No Harm Act is a critical bill in Congress that will clarify that the Religious Freedom Restoration Act (RFRA), a 1993 federal religious freedom law, can’t be used to harm others or take away their rights. The Do No Harm Act will restore this law to its original purpose: to help protect everyone’s religious freedom while ensuring that no one can misuse it to harm others.

The Equality Act

The Equality Act

The Equality Act will provide comprehensive nationwide civil rights protections to LGBTQ+ people. It explicitly states that religious beliefs cannot be used as a legal justification for discrimination against LGBTQ+ individuals. It’s endorsed by AU and more than 600 civil rights, education, health care, and advocacy organizations, including more than 100 faith groups.

Project 2025

Project 2025

The Trump administration has issued dozens of executive orders attempting to impose a narrow, unscientific, Christian Nationalist view of gender and erase the identities of transgender and gender-nonconforming people. Following the Project 2025 playbook, Trump continues to advance a white Christian Nationalist agenda to dismantle civil rights protections for marginalized groups.

ARTICLES

Recommended Reading

  • The Do No Harm Act
  • The Equality Act and Religious Freedom
  • The Shadow Network Behind Project 2025
  • Federal agency head says Trump and ‘the Lord’ bless discriminatory policies
  • Trans athletes on Trump’s executive order: ‘Stripping us of sports is devastating
  • LGBTQ Federal Workers Brace for a McCarthyist Purge
  • Trump allies prepare to infuse ‘Christian nationalism’ in second administration
  • Americans United denounces Trump’s so-called ‘Anti-Christian Bias Task Force,’ dubs it a Christian Nationalist crusade

MILESTONES

Timeline:

March 2025
Members of Congress re-introduce the Do No Harm Act, a critical bill endorsed by AU that will protect religious freedom while also clarifying that it may not be misused to harm LGBTQ+ people, women, religious minorities, the nonreligious and others.
Read more about the case
March 2025
Book Banning Poll Shows Christian Nationalists Are Out Of Touch
January 2025
The U.S. Supreme Court agrees to hear a case brought by the Christian Nationalist legal group Becket Fund that seeks to remove books with LGBTQ+ themes or characters from a large Maryland school district’s curriculum. AU will file an amicus brief before the case is heard in April 2025.
Read more about the case
January 2025
a group of diverse people standing together in front of the U.S. Supreme Court holding rally signs supporting trans rights.
December 2024
The U.S. Supreme Court considers in the case U.S. v. Skrmetti whether state bans on health care for transgender youth are unconstitutional. AU joined civil rights groups and Kentucky families in a brief that urges the court to strike down the bans because they unfairly deny trans youth health care services that other youth can receive.
Read more about the investigation
December 2024
January 2024
The Biden administration rescinds the Trump administration’s Denial of Care Rule, which had been blocked by courts in cases filed by AU and allies. The Denial of Care Rule allowed health care workers to deny medical treatment and services to patients because of personal religious or moral beliefs.
Read more here.
January 2024
Supreme Court Building
June 2023
The U.S. Supreme Court rules that a Colorado web designer can refuse to make wedding websites for same-sex couples in 303 Creative v. Elenis, a case brought by the Shadow Network group Alliance Defending Freedom. AU warns the decision weakens anti-discrimination protections, allowing some businesses to deny services based on religious beliefs.
Read more about the case here
A
June 2023
Kelly Easter
June 2022
AU and allies declare victory for client Kelly Easter of Tennessee after a taxpayer-funded agency told the federal government it no longer has a religious objection to working with a single lesbian foster parent and allowed Easter the opportunity to provide a safe and loving home for refugee children.
Read more about the case here
A
June 2022
Supreme Court
June 2021
In Fulton v. Philadelphia, the Supreme Court allows a taxpayer-funded, faith-based foster care agency to reject LGBTQ+ parents in violation of city nondiscrimination provisions. Because the narrow ruling only applies to Philadelphia, AU continues to fight in court on behalf of clients around the country who were turned away by taxpayer-funded foster care agencies because they didn’t pass the agencies’ religious tests.
Read more about the case
June 2021
October 2018
In Masterpiece Cakeshop v. Colorado, the U.S. Supreme Court rules 7-2 in favor of a bakery that refused to make a wedding cake for a same-sex couple because of the business owner’s religious beliefs. AU notes the decision, which rested on supposed hostility toward religion on the part of the Colorado Civil Rights Commission, does not create a broad license for businesses to discriminate.
Read more about the case
October 2018
Christian Nationalists Are Lying About The Respect For Marriage Act
June 2016
AU and allies secure a victory for Alabama same-sex couples including Keith Ingram and Albert Pigg when a federal court required state officials, including then-Alabama Supreme Court Judge Roy Moore, to issue marriage licenses to gay couples. Moore was later removed from the bench for his refusal to follow the federal court’s orders.
Read more about the case
June 2016
June 2015
AU celebrates the U.S. Supreme Court’s marriage equality ruling in Obergefell v. Hodges, remarking, “Today love and the Constitution triumphed over bigotry and religious extremism.”But Obergefell spurs a vicious new effort by religious extremists to discriminate against LGBTQ+ people on religious grounds
Read AU's statement
June 2015

TAKE ACTION

Join the AU Action Network

Our nation promises everyone the freedom to believe as they want, but our laws cannot allow anyone to use their religious beliefs to harm others.

That’s why Americans United brings together people of all religions and none to fight in the courts, legislatures, and the public square for freedom without favor and equality without exception.

When you join the Action Network, you will be notified of actions you can take in your community to protect church-state separation. These actions can include legislative and legal advocacy, outreach opportunities, invitations to attend special meetings, briefings, and training sessions. AU also provides virtual opportunities to hone your skills as an advocate.

You’ll receive 6-12 messages per year. Just look for [AU-AN] in the subject line and take the actions that are right for you!

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Americans United for Separation of Church and State is a nonpartisan, not-for-profit educational and advocacy organization that brings together people of all religions and none to protect the right of everyone to believe as they want — and stop anyone from using their beliefs to harm others. We fight in the courts, legislatures, and the public square for freedom without favor and equality without exception.

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