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October 22, Daily Brief. Some laws enable and embolden businesses and service providers to refuse to serve LGBT people, compelling LGBT people to invest additional time, money, and energy to find willing providers; others simply give up on obtaining the goods or services they need. Many interviewees pointed out that religious exemption laws exacerbate their legal vulnerability in multiple ways. Interviewees were given the option of using pseudonyms in published materials for the project; where pseudonyms are used in this report, that is reflected in the footnote citation. In this context, these laws function first and foremost as a license to discriminate, signaling that discrimination against LGBT people is acceptable in the state.


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When lawmakers have afforded more general protection to religious exercise, they have done so by balancing that protection with the rights and needs of others—for example, allowing the government to enforce generally applicable laws when it has a compelling reason to do so and only burdens religious exercise to the narrowest extent possible. As noted above, Human Rights Watch is aware of at least eight states that had enacted such exemptions into law prior to the legislative session. In fact, with few exceptions, the laws as drafted create blanket exemptions for religious believers to discriminate with no consideration of or even mechanism for consideration of the harms and burdens on others. At the time, her daughter was already obtaining that treatment, had socially transitioned, and was seeing a therapist. While the religious exemption laws examined in this report were introduced as a result of gains that LGBT people have made in attaining nondiscrimination protections and the ability to adopt, marry, and form families under state and federal law, many of the exemptions being introduced at the state level are not limited to religious objections related to sexual orientation and gender identity. After the incident, Leiana and her wife gave up on the process for more than a year, fearing similar treatment from other providers.


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Nonetheless, her pediatrician refused to provide a letter stating that information, citing his religious beliefs:. Related Content February 19, News Release. Ultimately, the couple only had their first child and did not try for a second. Permitting child welfare agencies to turn away qualified parents because of their sexual orientation or gender identity, for example, limits the options available to children in need of placement and may delay or deny foster or adoptive placements for those youth. When they are carefully designed, religious exemptions can play a valuable role in safeguarding the freedom of religious exercise and belief.


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