On June 15, the U.S. Supreme Court decided that the 1964 Civil Rights Act can be interpreted to ban employers from discriminating on the basis of sexual orientation and gender identity. This decision has many implications for religious freedom … including reason for optimism. Indeed, some data show that when one community (e.g. LGBT individuals) receive legal protection, others (e.g. religious minorities) are better protected as well.

Brian Grim, president of the Religious Freedom & Business Foundation (RFBF) agreed to answer some questions about this research and what the future may hold.

The following is a partial interview transcript between William Duncan, Sutherland’s religious liberty fellow, and Grim (modified only for topic and clarity).

Duncan: We are obviously hearing a lot about the Supreme Court decision on Bostock v. Clayton County, but your analysis stood out because it included some empirical data about the coexistence of LGBT rights and religious freedom. What does the data demonstrate? 

Grim: Three bits of data can help in providing some perspective.

First, it is a false dichotomy to put religious people on one side and LGBT people on the other side of the issue. The Pew Research Center’s data show that while LGBT people are not as religious as the general population, nearly one-in-two identify as Christian (see chart). And further, an additional 11 percent identify with other faiths, meaning about 6-in-10 LGBT people identify with a religious faith.

While the Pew data are a bit dated now, a more recent survey of LGBT people had similar findings.

Second, by way of perspective, although the Supreme Court decision for the first time extends federal workplace protections to LGBT employees nationwide, the Equal Employment Opportunities Commission (EEOC) has already been interpreting the foundational Civil Rights law to include sexual orientation:

“Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.”

In fact, the EEOC has been tracking complaints of workplace discrimination on the basis of sexual orientation since 2013, a practice that has continued during the Trump administration. And despite much attention being paid by corporate America to combat LGBT workplace discrimination, cases of LGBT discrimination have been on the rise.

But an important part of this context is that the EEOC also consistently tracks complaints of workplace discrimination on the basis of religion. In FY 2019 there were 2,725 reported cases of religious discrimination, compared with 1,868 reported cases of LGBT-based discrimination, as shown in the chart.

While complaints of religious discrimination outnumber those of sexual orientation, the trends are important to note. As the EEOC has paid attention to LGBT bias, the number of religiously biased cases has decreased, also as shown in the chart. This is an indication that concern over one form of discrimination may translate into an overall less discriminatory environment for other protected classes.

Third, there is evidence globally that this pattern of attention paid to LGBT discrimination coincides with decreased religious discrimination.

In 2019, as a social scientist studying the economic value of religious freedom worldwide (see my latest report), I took note of a new study showing that the economies of countries did better when they protected the rights of LGBT people to live openly without discrimination and enjoy equal rights, personal autonomy, and freedom of expression and association. That raised a question: If both are positively correlated with global economic growth, what is their relationship to each other?

The answer found by the study surprised many. When religious freedom is protected, LGBT people fare better, and vice versa: when LGBT people are protected, religious freedom increases (see chart).

It was surprising because “religious freedom” (in the U.S. at least) has become a divisive issue, mostly centered on issues related to sexuality and marriage. One side sees religious freedom as a protection against having to accommodate things they cannot conscientiously support, e.g., same-sex marriage. The other side sees that argument as discriminatory and a violation of civil rights law, especially now that same-sex marriage is legal throughout the US.

You can find the complete study here. The main findings are: First, countries with higher levels of religious freedom have higher levels of LGBT rights. Or put another way, religious freedom fosters a positive environment for LGBT people. Second, support for LGBT rights is increasing in countries with higher levels of religious freedom. Third, religious freedom is likewise higher in countries where there is higher support for LGBT rights. And fourth, countries with low levels of social hostilities involving religion have higher support for LGBT rights.

While some may see the Supreme Court decision as a threat to religious freedom, the data show the opposite: Where one community is protected, both are better protected.

Duncan: You mention that the ruling leaves some questions unanswered for religious groups. What are some examples and what is a constructive way to address them?

Grim: It’s really not so difficult. People from all sides with a stake in the issues need to come together and talk, as they did in Utah with the legislation on LGBTQ nondiscrimination passed in 2015. While not necessarily a model all states could follow – and recognizing that the Religious Freedom & Business Foundation does not take a position on current legislation or policy debates – I can say that the process is what was important. Leaders from government, religious and advocacy communities met and worked together.

In a similar spirit, locally and nationally we need to discuss what concerns are there and together come up with a path forward that respects the deeply held beliefs and identities of all. As Article 18 of the Universal Declaration of Human Rights states: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his[/her] religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his[/her] religion or belief in teaching, practice, worship and observance.”