Omar Bennett
The US Constitution protects the rights of many groups, including religious minorities, political parties, and those with disabilities. The First Amendment, for example, ensures freedom of religion, speech, and the press, as well as the right to peaceful assembly and to petition the government. The Fourteenth Amendment protects the right to associate with others for the common advancement of political beliefs and ideas. The Civil Rights Act of 1964 and 1968 also prohibit discrimination based on sexual orientation, gender identity, and familial status.
| Characteristics | Values |
|---|---|
| Freedom of religion | Protected by the First Amendment |
| Freedom of speech | Protected by the First Amendment |
| Freedom of the press | Protected by the First Amendment |
| Right of peaceful assembly | Protected by the First Amendment |
| Right to petition the government | Protected by the First Amendment |
| Right to keep and bear arms | Protected by the Second Amendment |
| Sexual orientation | Protected by United States federal anti-discrimination law |
| Gender identity | Protected by United States federal anti-discrimination law |
| Familial status | Protected by United States federal anti-discrimination law |
| Disability status | Protected by United States federal anti-discrimination law |
| Veteran status | Protected by United States federal anti-discrimination law |
| Genetic information | Protected by United States federal anti-discrimination law |
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What You'll Learn
Freedom of religion
The First Amendment protects freedom of religion, freedom of speech and of the press, the right of peaceful assembly and the right to petition the government. It also protects against the government favouring one religion over others, aiding any religions, or stopping people from exercising their religious beliefs.
The First Amendment followed Thomas Jefferson's advice that a "wall of separation" be erected between church and state. Jefferson believed that the separation of church and state would protect the government and organised religion from each other.
The right to associate with others for the common advancement of political beliefs and ideas is a form of 'orderly group activity' protected by the First and Fourteenth Amendments. The right to associate with the political party of one's choice is an integral part of this basic constitutional freedom.
The Civil Rights Act of 1964 protects against discrimination based on sexual orientation and gender identity. The Civil Rights Act of 1968 Title VIII prohibits discrimination for having children, with an exception for senior housing. It also prohibits making a preference for those with children.
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Freedom of speech
The First Amendment protects freedom of speech. This means that government entities cannot restrict a person's ability to express their opinions or ideas, nor can the government retaliate against someone based on what they say. The term 'speech' is interpreted broadly and includes spoken and written words as well as symbolic speech (e.g. what a person wears, reads, performs, protests, and more). The First Amendment protects speech even when the ideas put forth are thought to be illogical, offensive, immoral or hateful.
The First Amendment also prohibits all local government agencies, including public schools, from discriminating against speech based on its viewpoint. This principle is why on April 24, 2024, the ACLU-D.C. filed a lawsuit on behalf of the Arab Student Union at D.C. public high school Jackson-Reed for censoring the students' pro-Palestinian speech. The Supreme Court has long recognised that public school students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate".
The right to free speech also includes the right to associate with others for the common advancement of political beliefs and ideas. This is a form of 'orderly group activity' protected by the First and Fourteenth Amendments. The right to associate with the political party of one's choice is an integral part of this basic constitutional freedom.
The First Amendment's central promise is that "debate on public issues should be uninhibited, robust, and wide-open". The free speech clause can also protect conduct, such as burning an American flag or wearing a black armband to protest the Vietnam War.
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Freedom of the press
The First Amendment protects freedom of religion, speech, and the press, as well as the right of peaceful assembly and to petition the government. The Second Amendment protects the right to keep and bear arms, for the purpose of maintaining a militia.
The First Amendment also protects the right to associate with others for the common advancement of political beliefs and ideas. This right to associate with the political party of one's choice is an integral part of basic constitutional freedom. The right is not absolute, however, and is usually in combination with an equal protection analysis.
The First Amendment followed Thomas Jefferson's advice that a "wall of separation" be erected between church and state. Jefferson believed that the separation of church and state would protect government and organised religion from each other. Under the First Amendment, the government cannot favour one religion over others, aid any religions, or stop people from exercising their religious beliefs.
In addition to the First Amendment, there are other constitutional protections for certain groups. For example, the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity, while the Civil Rights Act of 1968 Title VIII prohibits discrimination for having children.
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Right to keep and bear arms
The First Amendment protects freedom of religion, freedom of speech and of the press, the right of peaceful assembly and the right to petition the government. It also prevents the government from favouring one religion over another, aiding any religions, or stopping people from exercising their religious beliefs.
The Fourteenth Amendment protects the right of association with others for the common advancement of political beliefs and ideas.
The Second Amendment protects the right to keep and bear arms, for the purpose of maintaining a militia. This right is not absolute, and various groups have advocated for restrictions on gun ownership.
In addition to the protections offered by the Constitution, federal anti-discrimination law in the United States protects against discrimination on the basis of sexual orientation, gender identity, familial status, disability status, veteran status, and genetic information.
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Right to associate with a political party
The First Amendment protects the right to associate with a political party. This means that people are free to associate with others for the common advancement of political beliefs and ideas. The right to associate with the political party of one's choice is an integral part of this basic constitutional freedom.
The First Amendment also protects freedom of religion, freedom of speech, freedom of the press, the right of peaceful assembly, and the right to petition the government. It follows Thomas Jefferson's advice that a "wall of separation" be erected between church and state. This means that the government cannot favour one religion over others, aid any religions, or stop people from exercising their religious beliefs.
The right to associate with a political party is not absolute, however. The Court has passed on numerous state restrictions that limit the ability of individuals or groups to join one or the other of the major parties or to form and join an independent political party.
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Frequently asked questions
A protected group is a category of people who are qualified for special protection by a law, policy, or similar authority.
The US Constitution protects the rights of people to freedom of religion, freedom of speech, freedom of the press, the right of peaceful assembly, and the right to petition the government. The Constitution also protects the right to keep and bear arms, and the right to associate with others for the common advancement of political beliefs and ideas.
Yes, when the first state governments were established, some tried to bar non-Christians from holding public office and taxed religious minorities differently.
In Canada, the term 'protected group' is frequently used in connection with employees and employment and housing.
