Trans Rights and Religious Freedom

Over the past few years, we have witnessed an alarming increase in prejudice against transgender people and attacks on the LGBTQ+ movement. This prejudice has manifested in several ways: bathroom bills denying access based on gender identity, denial of medical care for critical health services, and alarming rates of hate crimes and violence. Unfortunately, much of this rise in hatred has been fueled by religious rhetoric. In a recent study, researchers found that self-identifying as “religious” can be associated with increased transphobia, with religious fundamentalist beliefs further increasing that association. In fact, there has been an increasing number of court cases singling out trans members of the LGBTQ+ community for attack.

However, this is not the full story. For years, people of faith have been rallying to insist that transgender individuals are equal and full members of our faith communities and society. According to a study by the Public Religion Research Institute (PRRI), most religious people in the United States support non-discrimination protections for LGBTQ+ people, including for the trans community. To explain why the pro-democracy faith movement proudly supports trans people and all members of the LGBTQ+ community, we offer answers to some of the most commonly asked questions about religious freedom and the trans rights movement in the United States.

How do Christian nationalists use religious rhetoric to attack trans rights?

As we note throughout many aspects of our work, Christian nationalists aim to implement a theocratic government in the United States based on a fundamentalist view of Christianity that goes against what the majority of Americans — Christian or not — believe. One facet of this vision involves implementing a specific agenda that focuses on attacking transgender individuals based on their interpretation of the Bible. Christian nationalists narrowly interpret one verse in Genesis to argue that God only created men and women, so any individual that exists outside of the gender binary or has a gender identity that differs from their assigned gender at birth is committing a sin. Therefore, they argue that faithful Christians should advocate against transgender rights and for their interpretation of Christian faith.

One core strategy Christian nationalists utilize to advance their agenda is challenging civil rights protections for transgender people under the guise of advancing religious freedom. They aim to use the First Amendment to not only protect their beliefs, but to protect actions that they take based on those beliefs that harm others. This interpretation of the First Amendment has been advanced in several court cases, and it’s important to understand its implications.

What precedent did these court cases advance?

Nicholas Meriwether, a philosophy professor at Shawnee State University, filed a lawsuit against Shawnee State University after being disciplined for refusing to use a transgender student’s preferred name and pronouns in class. Meriwether argued that his sincerely held religious beliefs motivated his actions and that the school’s disciplinary action violated his First Amendment right to freedom of speech and freedom of religion. The Sixth Circuit Court of Appeals ruled that Meriwether’s right to free exercise was infringed upon because Shawnee State University’s nondiscrimination policy was not neutral towards religious beliefs and Meriwether’s beliefs were met with hostility from university administrators.

Another important case involved The Religious Sisters of Mercy, a Roman Catholic female order that provides medical care through the Sacred Heart Mercy Health Care Center and the SMP Health System, which sued the Department of Health and Human Services for violating their freedom of religion. The Sisters of Mercy allege that the Affordable Care Act’s anti-discrimination protections would require performing or providing insurance coverage for services related to gender transition, which violates their sincerely held religious beliefs. The Eighth Circuit Court of Appeals agreed with the District Court for the District of North Dakota that the ACA’s non-discrimination policy’s “intrusion upon the Catholic Plaintiffs’ exercise of religion is sufficient to show irreparable harm.”

Why are these legal decisions a problem?

Courts across the country have shown an increased willingness to accept the argument that protecting religious liberty requires disregarding transgender individuals’ civil rights. This latest attempt to discriminate against transgender people in the name of religion is likely to have far reaching consequences. Meriwether, Religious Sisters of Mercy, and other cases like them have already limited the scope and type of protections that the government can offer transgender individuals. Although these two cases only apply within their respective circuits, they demonstrate that the religious freedom argument can win in court. Without a coordinated response from the pro-democracy faith movement, religious extremists seeking to codify their own religious disapproval of LGBTQ+ people into law are likely to win in the courts.

What are some examples of how religious exemptions hurt the trans community?

As a result of cases like the ones outlined above, transgender individuals are less likely to have access to the resources and care that they need. Religious exemptions for healthcare providers, for example, create barriers to receiving gender-affirming healthcare or needed medical treatments. When medical providers are allowed to discriminate on the basis of their religious beliefs, transgender individuals are less likely to be treated with appropriate care, which opens up an already vulnerable swath of the population to a life-threatening lack of access to medical institutions. This issue extends beyond medical care, however. Providing broad religious exemptions can limit access to almost every kind of service or product because these exemptions allow anyone to discriminate against transgender individuals by claiming they have a religious or moral objection to the existence of transgender people.

Facing discrimination like this creates a significant burden, materially, physically, and mentally. Transgender people cannot always rely on the closest, cheapest, or easiest option to receive service, meaning they may need to go further or spend more time or money to receive the same treatment as a cisgender individual. Not only can this have a significant material burden, but it can also significantly impact their mental health. Transgender individuals already face significantly more mental health issues than cisgender individuals, but the added burden put on them to find affirming providers can create an even greater challenge. Regularly facing discrimination on the basis of identity is linked to higher rates of low self-esteem and a higher risk for developing stress-related disorders such as anxiety and depression.

How does our understanding of religious freedom affirm trans rights and dignity?

We at Interfaith Alliance believe in the right of every individual to freely practice their faith or no faith at all. However, we also believe that religion should not be weaponized to discriminate against minorities, including our transgender siblings. All Americans are free to hold their own religious views on gender, but not to harm others because of those views. When the government and courts allow individuals to violate anti-discrimination laws in the name of religious freedom, they are attacking the core of the First Amendment, which states that the government cannot enshrine the religious beliefs of one group into law. As people of faith and moral conscience, we know that every person is sacred and that denying someone the right to be protected from discrimination is a violation of human dignity and religious freedom. Instead, fighting to protect transgender individuals’ right to live a happy, healthy, and safe life serves to protect the freedom and dignity of all Americans.

How are we responding to these troubling attacks?

Interfaith Alliance has long been on the forefront of the LGBTQ+ advocacy movement. Recently, we held a rally with other faith leaders outside of the Supreme Court encouraging the court to rule in favor of transgender youth in the case of US v Skrmetti. 

Additionally, our President & CEO, Rev. Paul Raushenbush recently moderated a panel discussion on faith-driven activism in the face of overt attacks on LGBTQ+ persons featuring four leading LGBTQ+ and faith activists. They discuss the overwhelming support among people of faith for the LGBTQ+ community, the broader societal implications of controlling people’s bodies and families, and important tactics for activists fighting back against this latest wave of anti-trans prejudice.

As our President & CEO Rev. Paul Raushenbush wrote with Idit Klein of Keshet in a recent article, “We must not leave love on the table. It is time that people of faith answer the moral call to fight back against laws and social control that diminish and harm trans people. Standing together for trans rights is the right thing to do. And it is certainly the faithful thing to do.”