Following the recent Supreme Court decision legalizing gay marriage, many
opposing the decision have denounced the decision based on moral grounds.
Some have suggested that based on religious reasons they don’t have
to recognize gay marriage and that “religious beliefs” can
justify discrimination. However, this is simply not true. While many laws
protect your religious freedoms and prohibit religious discrimination,
for example Title VII prohibits religious discrimination—and the
first amendment protects religious freedom – an employer’s
religious beliefs do not give them the right to discriminate.
As stated by Justice Alito in Hobby Lobby:
“The principal dissent raises the possibility that discrimination
in hiring, for example on the basis of race, might be cloaked as religious
practice to escape legal sanction. . . . Our decision today provides no
such shield. The Government has a compelling interest in providing an
equal opportunity to participate in the work force without regard to race,
and prohibitions on racial discrimination are precisely tailored to achieve
that critical goal.”
Thus – while employers may not agree with the decision – they
may not hide behind the excuse of religion to discriminate against those
that are gay.
For more information or if you believe you have been the victim of any
type of discrimination, please contact the experienced
Atlanta anti-discrimination lawyers at The Buckley Law Firm, LLP for an immediate consultation.