Part IV | Select Quotes from Church Leaders

Category C | Discrimination

Topic 12 | Religious discrimination

At times it is better to frame arguments for religious freedom around the concept of religious discrimination rather than making direct appeals to religious freedom. Efforts to protect individuals or other groups from discrimination can sometimes result in discriminatory treatment of religious individuals or groups. For audiences who are very sensitive about equality norms, it is important to highlight that unlawful discrimination includes discrimination on the basis of religion.

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President Dallin H. Oaks: Approaching conflicts between religious freedom and nondiscrimination

• See generally Dallin H. Oaks, Religious Freedom in a Pluralistic Society, Claremont Graduate University Religious Freedom Conference (Mar. 25, 2016), https://www.religiousfreedomlibrary.org/documents/religious-freedom-in-a-pluralistic-society.

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President Dallin H. Oaks: Where there is genuine conflict, one constitutional right should not be invoked to try to cancel another constitutional right.  

“Where there is genuine conflict, one constitutional right should not be invoked to try to cancel another constitutional right. Both must be balanced legally and negotiated politically in a way that upholds essential rights to the greatest extent possible. In doing so, people of faith should not assume that those who advocate nondiscrimination have no regard for religious freedom or that nondiscrimination lacks any constitutional basis. Similarly, those who advocate nondiscrimination should not assume that those asserting claims of religious freedom are seeking a ‘license to discriminate.’ There are worthy constitutional and ethical arguments on both sides of such disputes, and, so far as possible, we should seek to accommodate them consistent with the most important interests of all sides. This is not easy when we differ so fundamentally on matters of such immense importance. But the effort is essential if we are to live together in peace in a pluralistic society.

We should also be wary of the idea that one set of rights automatically trumps another in all circumstances. Both religious freedom and nondiscrimination are important values that are powerfully protected by law. Nondiscrimination principles have been given increasing social recognition in the last century and are now rooted in the constitutional guarantee of equal protection of the law. Yet, they still cannot be said to obviate the constitutional guarantee of religious freedom.”

• Dallin H. Oaks, Going Forward with Religious Freedom and Nondiscrimination, Joseph Smith Lecture, University of Virginia (Dec. 12, 2021), https://www.religiousfreedomlibrary.org/documents/going-forward-with-religious-freedom-nondiscrimination.