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Using religion to prevent discrimination; a proposal and a question [1]

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Date: 2023-12-14

I’ll propose something here that may or may not be feasible, and I’m kindly asking keener legal minds to help explain if this is a fantasy, or if can be effected.

The premise is this: all religions get protections under the US Constitution, no discrimination or favoritism is allowed. And it does not matter what you believe in, as long as you really believe in it. You could believe in leprechauns and start a religion based on that. Jediism has become a religion and they got their tax exempt status back in 2015.

We all know Jedi don’t exist, outside of a movie, but that doesn’t matter. As long as people religiously believe they are Jedi, they are a religion, afforded all rights and protections as any other religion.

So, this brings me to my hypothetical.

Can the Trans community claim they are a religion? Can they write a set of guidelines, or principles, claim that they believe god created them this way, and even say god put two souls in them and call it the Two Soul Religion, for example?

Or come up with any name, or reason, but as long as they really believe in it, they are a religion.

And if this happened, they would get all the protections a religion would get, correct? Can’t be discriminated against, may even ask for a tax exempt status.

Trans people all over could then say they are a part of that religion, believe in those things, and would automatically get the same legal protections.

Would this fly in court?

Much obliged.

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