The Complexity Behind Protected Classes: Why Religion and Sexual Orientation Differ

In the United States, the Civil Rights Act of 1964 established several protected classes against discrimination, including race, age, color, religion, sex, national origin, disability, genetic information, citizenship, and veteran status. These protections have evolved over time, with sexual orientation being added as a protected category by the US Supreme Court in six states and the federal government in 2020.

The Reality of Protected Status: Why Religion but Not Sexual Orientation?

The question of why religion is a protected class against discrimination but sexual orientation is not is complex and often misunderstood. Some argue that religion is chosen, while sexual orientation is inherent. However, both religion and sexual orientation can have profound impacts on individual identity and daily life, making both deserving of protection.

For individuals who grow up in religious homes, their faith is often a fundamental part of their identity. It can be deeply ingrained and inextricably linked to their family, culture, and social experiences. While one does have the choice to leave their religious upbringing, it is often a journey of self-acceptance and exploration rather than a simple decision. Religion, in this context, can be likened to 'having teeth,' while sexual orientation is more akin to 'choosing what to eat.' Both can be natural and foundational to one's life.

Secular vs. Religious Identity

The line between religious identity and sexual orientation is often blurred, yet it is important to recognize that both can significantly influence an individual's experience of discrimination. While one can choose to practice or not practice a religion, the same is not true for one's sexual orientation. This inherent difference often leads to the question of how these classes should be treated in the context of anti-discrimination laws.

Proponents of protecting sexual orientation argue that it is a fundamental aspect of someone's identity, akin to their race or sex. Individuals can no more choose to be homosexual, lesbian, bisexual, or transgender than they can choose to be white or black. Like religion, sexual orientation can also be a source of discrimination and exclusion, leading to significant social, economic, and mental health issues. In many cases, individuals who identify with a particular religion or sexual orientation find that they are part of a minority group that faces both overt and hidden forms of discrimination.

The Intersection of Politics and Protected Classes

The reasons behind the inclusion and exclusion of protected classes often intersect with political and economic interests. The growing wealth of religious organizations, their extensive investment in the global stock markets, and their significant financial contributions to political campaigns have been key factors in gaining religious protections.

Politicians who seek re-election campaigns often rely on the financial support of religious organizations. In return, these religious bodies expect leniency and exemptions from certain anti-discrimination laws. This dynamic has led to a complex relationship where religious freedom and financial interests often converge, shaping the policies that protect certain classes.

For example, the Catholic Church, with its deep-rooted influence in many conservative states, has been successful in gaining exemptions from laws requiring facilities to serve same-sex couples or openly LGBTQ individuals. Similarly, Christian organizations have used their financial clout to oppose laws aimed at protecting sexual orientation, citing religious freedom as a justification.

The powerful influence of religious organizations in shaping policies has sometimes led to a sense of imbalance, with sexual orientation protections lagging behind those of religious freedom. This balance is further complicated by the fact that many religious institutions claim the right to discriminate based on their interpretation of religious doctrine, while others argue that religious freedom should not come at the expense of protecting individuals from discrimination.

Conclusion: The Continuing Evolution of Protected Classes

The ongoing debate over protected classes, such as religious freedom versus sexual orientation, reflects broader societal and political discussions. While the inclusion of sexual orientation as a protected class is increasingly recognized, the path to full equality is still fraught with challenges. The interplay of individual identity, economic interests, and political influences continues to shape this dynamic landscape. Moving forward, it is essential to ensure that all individuals, regardless of their religious or sexual orientation, are afforded the same rights and protections under the law.

In conclusion, while personal choice can play a role in defining both religious and sexual orientations, the fundamental reality is that both are pivotal elements of an individual's identity. As our society evolves, it is crucial to continue the dialogue and work towards a more inclusive and equitable legal framework that protects all individuals from discrimination.