Nondiscrimination Rules and Religious Associational Freedom

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.