Testing the Tension: How Do Nondiscrimination Regulations Interact with Religious Freedom? [EBRXII]

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Published 2024-04-16

This session will discuss the Biden administration’s efforts to expand sex nondiscrimination protections to cover sexual orientation and gender identity rights through agency regulations. Discussion will center around three major proposed (or soon-to-be final) regulations involving education, healthcare, and employment: the Department of Education’s Title IX rule, the Department of Health and Human Services’ Section 1557 rule, and the Equal Employment Opportunity Commission’s harassment guidance. Pro-LGBT groups praised these proposals while many religious organizations and people of faith raised concerns. Do the agencies’ regulations correctly balance SOGI rights with religious freedom and conscience rights? Did the agencies overreach by expanding sex nondiscrimination protections? Can the First Amendment, the Religious Freedom Restoration Act, or other federal laws protecting religious freedom and conscience rights trump the administration’s nondiscrimination regulations? This panel will tackle these important questions.

Featuring:
-Julie M. Blake, Senior Counsel, Alliance Defending Freedom
- Prof. Martin Lederman, Professor from Practice, Georgetown Law
- Andrea Picciotti-Bayer, Director, The Conscience Project
- Moderator: Ms. Elizabeth Slattery, Director of Constitutional Scholarship, Pacific Legal Foundation

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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