Religious discrimination
Encyclopedia
Religious discrimination is valuing or treating a person or group differently because of what they do or do not believe.
A concept like that of 'religious discrimination' is necessary to take into account ambiguities of the term religious persecution
. The infamous cases in which people have been executed for beliefs perceived to be heretic
are generally recognisable as persecution. Other cases in which adherents of different religion
s (or denomination
s) are treated unequally before the law
are sometimes difficult to assess. If behind laws, regulations or acts of authority perceived to be discriminating against a certain religion, there is the intention 'encourage' people to abandon their beliefs, the laws are religious persuction. Laws which only carry light punishments are described as mild forms of religious persecution or as religious discrimination.
Furthermore, even in societies where Freedom of Religion
is a constitutional right, sometimes adherents of religious minorities voice concerns about religious discrimination against them. Insofar as legal policies are concerned, cases that are perceived as religious discrimination might be the result of an interference of the religious sphere with other spheres of the public that are regulated by law (and not aimed specifically against a religious minority.) Generally people are free to have these issues clarified through the juridical system.
In a 1979 consultation on the issue, the United States commission on civil rights defined religious discrimination in relation to the civil rights guaranteed by the Fourteenth Amendment to the United States Constitution
. Whereas religious civil liberties, such as the right to hold or not to hold a religious belief, are essential for Freedom of Religion
(in the United States secured by the First Amendment
), religious discrimination occurs when someone is denied " the equal protection of the laws, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom."
states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof", in Reynolds v. United States
the U.S. supreme court decided that religious duty was not a suitable defense to a criminal indictment. In this specific case a law against bigamy was not considered to be discriminating against Mormon
s, who, sometime practice Polygyny
.
Similar current issues in the United States are about the policy towards drugs
or environmental policy
. Practitioners of one branch of the native American religion perceive the regulations regarding the use of Peyote
and the eagle feather law
in the United States
as discriminating. Similar cases can be found in many other western countries.
The Eagle Feather Law
, which governs the possession and religious use of eagle
feathers, was officially written to protect then dwindling eagle populations while still protecting traditional Native American
spiritual
and religious customs, of which the use of eagles are central. The Eagle Feather Law later met charges of promoting racial and religious discrimination due to the law’s provision authorizing the possession of eagle feathers to members of only one ethnic group, Native Americans, and forbidding Native Americans from including non-Native Americans in indigenous
customs involving eagle feathers—a common modern practice dating back to the early 16th century.
Charges of religious and racial discrimination have also been found in the education system. In a recent example, the dormitory policies at Boston University
and The University of South Dakota
were charged with racial and religious discrimination when they forbade a university dormitory resident from smudging while praying. The policy at The University of South Dakota
was later changed to permit students to pray while living in the university dorms.
The Seventh-day Adventist Church
make it clear in their university catalog that they discriminate on the basis of religion. They discriminate against non-Adventists in hiring practices, disciplinary action, and promotions. The Seventh-day Adventist Church has made many anti-Catholic
statements that the Bible identifies the Pope
as the Anti-Christ. Today, the church has softened these statements, explaining that they interpret the biblical passages as referring to the papal institution and not to a specific person. Recently, they have also taken measures against church members who have publicly attacked the pope, especially those who claim that it is in the name of the church.
During 1995-1998 Newfoundland
had only Christian schools (four of them, Pentecostal, Roman Catholic, Seventh-day Adventist, and inter-denominational (Anglican, Salvation Army and United Church)). The right to organize publicly supported religious schools was only given to certain Christian denominations, thus tax money used to support a selected group of Christian denominations. The denominational schools could also refuse admission of a student or the hiring of a qualified teacher on purely religious grounds. Quebec
has used two school systems, one Protestant and the other Roman Catholic, but it seems this system will be replaced with two secular school systems: one French and the other English.
In Greece
since the independence
from the Muslim Ottomans
rule in the 19th century, the Greek Orthodox Church
has been given privileged status and only the Greek Orthodox church, Roman Catholic, some Protestant churches, Judaism and Islam are recognized religions. The Muslim minority alleges that Greece persistently and systematically discriminates against Muslims.
According to a Human Rights Practices report by the U.S. State Department on Mexico note that "some local officials infringe on religious freedom, especially in the south". There is conflict between Catholic/Mayan syncretists and Protestant evangelicals in the Chiapas
region. In some U.S. jurisdictions legal restrictions exist which require a religious test as a qualification for holding public office, for instance in Texas an official may be "excluded from holding office" if he/she does not "acknowledge the existence of a Supreme Being." (i.e. God
) thus atheists, agnostics, Buddhists, most Satanists, some Unitarian Universalists and New Age followers, who do not believe in a supreme being would be excluded from public office.
In 2004, a case involving five Ohio prison inmates (two followers of Asatru
, a minister of the Church of Jesus Christ Christian, a Wicca
n witch and a Satanist) protesting denial of access to ceremonial items and opportunities for group worship was brought before the Supreme Court. The Boston Globe reports on the 2005 decision of Cutter v. Wilkinson
in favour of the claimants as a notable case. Among the denied objects was instructions for runic writing requested by an Asatruer. Inmates of the "Intensive Management Unit" at Washington State Penitentiary
who are adherents of Asatru in 2001 were deprived of their Thor's Hammer
medallions. In 2007, a federal judge confirmed that Asatru adherents in US prisons have the right to possess a Thor’s Hammer pendant. An inmate sued the Virginia Department of Corrections after he was denied it while members of other religions were allowed their medallions.
Religious discrimination has also been documented in employment, such as an Equal Employment Opportunity Commission
(EEOC) law suit alleging discrimination against an Iranian-Muslim employee by the Merrill Lynch company in US.
Specific types:
A concept like that of 'religious discrimination' is necessary to take into account ambiguities of the term religious persecution
Religious persecution
Religious persecution is the systematic mistreatment of an individual or group of individuals as a response to their religious beliefs or affiliations or lack thereof....
. The infamous cases in which people have been executed for beliefs perceived to be heretic
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...
are generally recognisable as persecution. Other cases in which adherents of different religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
s (or denomination
Religious denomination
A religious denomination is a subgroup within a religion that operates under a common name, tradition, and identity.The term describes various Christian denominations...
s) are treated unequally before the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
are sometimes difficult to assess. If behind laws, regulations or acts of authority perceived to be discriminating against a certain religion, there is the intention 'encourage' people to abandon their beliefs, the laws are religious persuction. Laws which only carry light punishments are described as mild forms of religious persecution or as religious discrimination.
Furthermore, even in societies where Freedom of Religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
is a constitutional right, sometimes adherents of religious minorities voice concerns about religious discrimination against them. Insofar as legal policies are concerned, cases that are perceived as religious discrimination might be the result of an interference of the religious sphere with other spheres of the public that are regulated by law (and not aimed specifically against a religious minority.) Generally people are free to have these issues clarified through the juridical system.
In a 1979 consultation on the issue, the United States commission on civil rights defined religious discrimination in relation to the civil rights guaranteed by the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Whereas religious civil liberties, such as the right to hold or not to hold a religious belief, are essential for Freedom of Religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
(in the United States secured by the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
), religious discrimination occurs when someone is denied " the equal protection of the laws, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom."
Situation in Western countries
However, cases of religious discrimination might also be the result of an interference of the religious sphere with other spheres of the public that are regulated by law. Although e.g. in the United States the Free Exercise Clause of the First AmendmentFree Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof", in Reynolds v. United States
Reynolds v. United States
Reynolds v. United States, , was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment...
the U.S. supreme court decided that religious duty was not a suitable defense to a criminal indictment. In this specific case a law against bigamy was not considered to be discriminating against Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...
s, who, sometime practice Polygyny
Polygyny
Polygyny is a form of marriage in which a man has two or more wives at the same time. In countries where the practice is illegal, the man is referred to as a bigamist or a polygamist...
.
Similar current issues in the United States are about the policy towards drugs
DRUGS
Destroy Rebuild Until God Shows are an American post-hardcore band formed in 2010. They released their debut self-titled album on February 22, 2011.- Formation :...
or environmental policy
Environmental policy
Environmental policy is any [course of] action deliberately taken [or not taken] to manage human activities with a view to prevent, reduce, or mitigate harmful effects on nature and natural resources, and ensuring that man-made changes to the environment do not have harmful effects on...
. Practitioners of one branch of the native American religion perceive the regulations regarding the use of Peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
and the eagle feather law
Eagle feather law
The eagle feather law provides many exceptions to federal wildlife laws regarding eagles and other migratory birds to enable Native Americans to continue their traditional practices....
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
as discriminating. Similar cases can be found in many other western countries.
The Eagle Feather Law
Eagle feather law
The eagle feather law provides many exceptions to federal wildlife laws regarding eagles and other migratory birds to enable Native Americans to continue their traditional practices....
, which governs the possession and religious use of eagle
Eagle
Eagles are members of the bird family Accipitridae, and belong to several genera which are not necessarily closely related to each other. Most of the more than 60 species occur in Eurasia and Africa. Outside this area, just two species can be found in the United States and Canada, nine more in...
feathers, was officially written to protect then dwindling eagle populations while still protecting traditional Native American
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
spiritual
Spirituality
Spirituality can refer to an ultimate or an alleged immaterial reality; an inner path enabling a person to discover the essence of his/her being; or the “deepest values and meanings by which people live.” Spiritual practices, including meditation, prayer and contemplation, are intended to develop...
and religious customs, of which the use of eagles are central. The Eagle Feather Law later met charges of promoting racial and religious discrimination due to the law’s provision authorizing the possession of eagle feathers to members of only one ethnic group, Native Americans, and forbidding Native Americans from including non-Native Americans in indigenous
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
customs involving eagle feathers—a common modern practice dating back to the early 16th century.
Charges of religious and racial discrimination have also been found in the education system. In a recent example, the dormitory policies at Boston University
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...
and The University of South Dakota
University of South Dakota
The University of South Dakota ', the state’s oldest university, was founded in 1862 and classes began in 1882. Located in Vermillion, South Dakota, United States, USD is home to South Dakota's only medical school and law school. USD is governed by the South Dakota Board of Regents, and its current...
were charged with racial and religious discrimination when they forbade a university dormitory resident from smudging while praying. The policy at The University of South Dakota
University of South Dakota
The University of South Dakota ', the state’s oldest university, was founded in 1862 and classes began in 1882. Located in Vermillion, South Dakota, United States, USD is home to South Dakota's only medical school and law school. USD is governed by the South Dakota Board of Regents, and its current...
was later changed to permit students to pray while living in the university dorms.
The Seventh-day Adventist Church
Seventh-day Adventist Church
The Seventh-day Adventist Church is a Protestant Christian denomination distinguished by its observance of Saturday, the original seventh day of the Judeo-Christian week, as the Sabbath, and by its emphasis on the imminent second coming of Jesus Christ...
make it clear in their university catalog that they discriminate on the basis of religion. They discriminate against non-Adventists in hiring practices, disciplinary action, and promotions. The Seventh-day Adventist Church has made many anti-Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
statements that the Bible identifies the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
as the Anti-Christ. Today, the church has softened these statements, explaining that they interpret the biblical passages as referring to the papal institution and not to a specific person. Recently, they have also taken measures against church members who have publicly attacked the pope, especially those who claim that it is in the name of the church.
During 1995-1998 Newfoundland
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
had only Christian schools (four of them, Pentecostal, Roman Catholic, Seventh-day Adventist, and inter-denominational (Anglican, Salvation Army and United Church)). The right to organize publicly supported religious schools was only given to certain Christian denominations, thus tax money used to support a selected group of Christian denominations. The denominational schools could also refuse admission of a student or the hiring of a qualified teacher on purely religious grounds. Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
has used two school systems, one Protestant and the other Roman Catholic, but it seems this system will be replaced with two secular school systems: one French and the other English.
In Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
since the independence
Greek War of Independence
The Greek War of Independence, also known as the Greek Revolution was a successful war of independence waged by the Greek revolutionaries between...
from the Muslim Ottomans
Ottoman Greece
Most of Greece gradually became part of the Ottoman Empire from the 15th century until its declaration of independence in 1821, a historical period also known as Tourkokratia ....
rule in the 19th century, the Greek Orthodox Church
Church of Greece
The Church of Greece , part of the wider Greek Orthodox Church, is one of the autocephalous churches which make up the communion of Orthodox Christianity...
has been given privileged status and only the Greek Orthodox church, Roman Catholic, some Protestant churches, Judaism and Islam are recognized religions. The Muslim minority alleges that Greece persistently and systematically discriminates against Muslims.
According to a Human Rights Practices report by the U.S. State Department on Mexico note that "some local officials infringe on religious freedom, especially in the south". There is conflict between Catholic/Mayan syncretists and Protestant evangelicals in the Chiapas
Chiapas
Chiapas officially Estado Libre y Soberano de Chiapas is one of the 31 states that, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 118 municipalities and its capital city is Tuxtla Gutierrez. Other important cites in Chiapas include San Cristóbal de las...
region. In some U.S. jurisdictions legal restrictions exist which require a religious test as a qualification for holding public office, for instance in Texas an official may be "excluded from holding office" if he/she does not "acknowledge the existence of a Supreme Being." (i.e. God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
) thus atheists, agnostics, Buddhists, most Satanists, some Unitarian Universalists and New Age followers, who do not believe in a supreme being would be excluded from public office.
In 2004, a case involving five Ohio prison inmates (two followers of Asatru
Ásatrú
is a form of Germanic neopaganism which developed in the United States from the 1970s....
, a minister of the Church of Jesus Christ Christian, a Wicca
Wicca
Wicca , is a modern Pagan religious movement. Developing in England in the first half of the 20th century, Wicca was popularised in the 1950s and early 1960s by a Wiccan High Priest named Gerald Gardner, who at the time called it the "witch cult" and "witchcraft," and its adherents "the Wica."...
n witch and a Satanist) protesting denial of access to ceremonial items and opportunities for group worship was brought before the Supreme Court. The Boston Globe reports on the 2005 decision of Cutter v. Wilkinson
Cutter v. Wilkinson
Cutter v. Wilkinson, 544 U.S. 709 , is a case decided by the United States Supreme Court on May 31, 2005, which holds that under the Religious Land Use and Institutionalized Persons Act , prisoners in facilities that accept federal funds cannot be denied accommodations necessary to engage in...
in favour of the claimants as a notable case. Among the denied objects was instructions for runic writing requested by an Asatruer. Inmates of the "Intensive Management Unit" at Washington State Penitentiary
Washington State Penitentiary
Washington State Penitentiary is a Washington State Department of Corrections men's prison located in Walla Walla, Washington...
who are adherents of Asatru in 2001 were deprived of their Thor's Hammer
Thor's Hammer
Thor's Hammer may refer to:* Mjölnir, the hammer wielded by Thor in Norse mythology*Thor's Hammer , a garage rock band from Iceland*Thorr's Hammer, a death/doom band from Ballard, Washington...
medallions. In 2007, a federal judge confirmed that Asatru adherents in US prisons have the right to possess a Thor’s Hammer pendant. An inmate sued the Virginia Department of Corrections after he was denied it while members of other religions were allowed their medallions.
Religious discrimination has also been documented in employment, such as an Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...
(EEOC) law suit alleging discrimination against an Iranian-Muslim employee by the Merrill Lynch company in US.
See also
- SecularizationSecularizationSecularization is the transformation of a society from close identification with religious values and institutions toward non-religious values and secular institutions...
- DiscriminationDiscriminationDiscrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
- Civil rightsCivil rightsCivil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
- IntersectionalityIntersectionalityIntersectionality is a feminist sociological theory first highlighted by Kimberlé Crenshaw . Intersectionality is a methodology of studying "the relationships among multiple dimensions and modalities of social relationships and subject formations"...
- Religious police
- OUT CampaignOut CampaignThe Out Campaign is a public awareness initiative for freethought and atheism. It was initiated by Dr. R. Elisabeth Cornwell, Executive Director of the Richard Dawkins Foundation for Reason and Science, and is endorsed by Richard Dawkins, who is a prominent atheist...
- List of anti-discrimination acts
- Religious intoleranceReligious intoleranceReligious intolerance is intolerance against another's religious beliefs or practices.-Definition:The mere statement on the part of a religion that its own beliefs and practices are correct and any contrary beliefs incorrect does not in itself constitute intolerance...
Specific types:
- Anti-CatholicismAnti-CatholicismAnti-Catholicism is a generic term for discrimination, hostility or prejudice directed against Catholicism, and especially against the Catholic Church, its clergy or its adherents...
- Anti-MormonAnti-MormonAnti-Mormonism is discrimination, persecution, hostility or prejudice directed at members of the Latter Day Saint movement, particularly The Church of Jesus Christ of Latter-day Saints...
- Anti-SemitismAnti-SemitismAntisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
- IslamophobiaIslamophobiaIslamophobia describes prejudice against, hatred or irrational fear of Islam or MuslimsThe term dates back to the late 1980s or early 1990s, but came into common usage after the September 11, 2001 attacks in the United States....
- Anti-Hinduism
- Discrimination against atheistsDiscrimination against atheistsDiscrimination against atheists includes the persecution and discrimination faced by atheists and those labeled as atheists in the past and in the current era...
- Religious discrimination against NeopagansReligious discrimination against NeopagansNeopagans are a religious minority in every country where they exist, and have been subject to religious discrimination. The largest Neopagan communities are in North America and the United Kingdom, and the issue of discrimination receives most attention in those locations, but there are also...