Policy
Religious Freedom
Respecting human dignity requires that we respect the core elements of how people and groups identify themselves, including their religious beliefs. Religious belief has been a powerful motivation for protecting the rights and liberties of others; it kindled movements to abolish slavery and protect Americans’ civil rights. For millions of Americans, religion is the source of the values required in a free society, such as understanding, respect and sacrifice for others. Additionally, religious institutions provide irreplaceable care for the most vulnerable people in society.
For all of these reasons, the right to exercise religion is a fundamental human right. The law should respect the independence of religious institutions, defend the right of conscience, and protect the right of individuals to act on their religious beliefs, while establishing reasonable protections for public health and safety in a spirit of fairness for all.
Religious Freedom
Respecting human dignity requires that we respect the core elements of how people and groups identify themselves, including their religious beliefs. Religious belief has been a powerful motivation for protecting the rights and liberties of others; it kindled movements to abolish slavery and protect Americans’ civil rights. For millions of Americans, religion is the source of the values required in a free society, such as understanding, respect and sacrifice for others. Additionally, religious institutions provide irreplaceable care for the most vulnerable people in society.
For all of these reasons, the right to exercise religion is a fundamental human right. The law should respect the independence of religious institutions, defend the right of conscience, and protect the right of individuals to act on their religious beliefs, while establishing reasonable protections for public health and safety in a spirit of fairness for all.
Published Research
Conversations
Religious liberty is essential to our freedoms
Religious institutions are essential to freedom
Government needs to stay in its lane
It's a bad idea for government to violate religious liberty
Religious liberty is good for everyone – not just religious people
Religion doesn't need a permission slip from the government
Religious freedom and conscience in higher education
Religious freedom, courts, and federalism in Utah | Bill Duncan
The benefit of religious contributions to society
Religious liberty is essential to our freedoms
Religious institutions are essential to freedom
Government needs to stay in its lane
Insights & Takeaways
InsightsFrom the archives: Be thankful for religious freedom (and the not-so-uniform Pilgrims)
Initially written after the close of a contentious presidential election, this post points out that the circumstances that led to our celebration of Thanksgiving remind us of an important reason Americans can be grateful—the legacy of religious freedom that began...
TakeawaysWhy other states can still learn from the ‘Utah Compromise’
The state supreme courts of Maryland and New Jersey are set to review cases involving lawsuits over religious freedom and LGBTQ rights. With court battles like this becoming more common, one Sutherland Institute expert suggests that legislatures can get ahead of...
InsightsMaryland, N.J. courts affirm religious freedom of employers
In a recent post, I noted some signs that lower federal courts are adopting the protective approach toward religious freedom that has characterized the U.S. Supreme Court’s recent cases. Some recent decisions from Maryland and New Jersey suggest that this may also...
TakeawaysReligious freedom must be lived out
Since our nation’s founding, the principle of religious freedom, through the First Amendment, has been enshrined in the American way of life. Ensuring that this principle remains protected and honored is no small feat, says Bill Duncan, Sutherland Institute’s...
InsightsRecent antisemitism prompts a needed reminder of America’s culture of religious freedom
In recent decades, disputes over religious freedom and the treatment of religious minorities in the United States have typically focused on government actions that impose burdens on religious practices. The U.S. Supreme Court has been increasingly clear in its...
TakeawaysReligious groups in school can be an important antidote to loneliness
Christian athletes in the San Jose, California, school district will now be able to associate with each other in official clubs, thanks to a recent ruling from the Ninth Circuit Court of Appeals. The court sided with the Fellowship of Christian Athletes (FCA) in...
TakeawaysCurated Insights: Sutherland launches new weekly policy newsletters
Christine Cooke Fairbanks will author Wednesday’s “Beyond the Bell,” an education policy newsletter. Bill Duncan will author Thursday’s “Law & Conscience,” a religious freedom and constitutional law newsletter. This week, Sutherland unveiled weekly...
InsightsParents and religious freedom
One of the cases the U.S. Supreme Court will be deciding in the next couple of months is called Mahmoud v. Taylor. In March, Sutherland filed an amicus brief in the case. The case will provide critical direction to lower courts about what to do when government...
CommentaryIn fight between Maryland school district and parental rights, U.S. Supreme Court should protect religious freedom
Originally published in Deseret News. Can schools tell parents they cannot direct how their children are taught about sensitive topics in public schools, even when the law gives parents that right? The U.S. Supreme Court held oral arguments in a case, Mahmoud v....