Issues
Areas & Categorization
This report analyzes four categories of public policy in each state that affect religious equality and the separation of religion and government: Constitutional & Nondiscrimination Protections, Special Privileges for Religion, Health Care & Wellness, and Education & Youth.
Within each category, laws and policies that positively and negatively impact religious equality are listed along with a brief explanation of the topic.
Constitutional & Nondiscrimination Protections
These protections form the bedrock of our constitutional order by ensuring both that everyone is entitled to their beliefs and that no one’s beliefs are favored by the government. They are meant to ensure that the government treats everyone equally, regardless of their religion or if they reject religion altogether.
Special Privileges for Religion
Many states have laws that privilege religious organizations and religious beliefs. Such measures exempt individuals, groups, or businesses from particular legal requirements that conflict with their religious beliefs. Most states have created special privileges for religious organizations and places of worship, allowing them to avoid taxes or other legal requirements that apply to other types of nonprofits.
Health Care and Wellness
For decades, religious extremists and their lawmaker allies have sought to impose their beliefs on health care laws. While court precedents have limited the effect that these extremist groups can have on federal law, these organizations nonetheless have been able to push through religious exemptions and privileges affecting health care in nearly every state.
Education and Youth
The bulk of negative legislation sought by Christian nationalists targets schools and youth. These efforts seek to enshrine revisionist history into the law, conflate founding documents with religious ones, teach the bible in a devotional manner in schools, and require the display of religious messages and symbolism in schools.
Future Categories
This report differs from the previous edition in that it includes additional criteria as well as some modified assessments of previous criteria. We intend to continue to iterate upon this report periodically in order to provide a useful resource for advocates and lawmakers. Some issues we are considering for future inclusion are:
Laws that prevent religious coercion from mandated substance use disorder programs
Restrictions on hospital mergers
Religion in state-mandated oaths
Separation of religion and government in prison and re-entry programs
Laws restricting private businesses from requiring vaccination
Laws that inhibit effective enforcement of church-state separation in court
Laws that give special protect for religious speech over other types of free speech
State regulation of health care sharing ministries