Entries by Admin

Response to Practicing Religion in a Pluralistic Society

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I want to begin by saying how thankful I am for the opportunity to engage in this dialogue with Kathryn on these very complex subjects.  I want to affirm her willingness to share her personal connections and stories that have shaped how she thinks about these challenging topics.  In light of her openness in her first post, I would also like to acknowledge some personal truths.  I am 29 years old, squarely within the millennial generation. There are many people in my life who identify as LGBT that I love, and I deeply care about their well-being and treatment. I identify, with every fiber of my being, with the Gospel: with the unconditional love of Christ, with the physical embodiment of grace, from which all love and redemption springs.  I also identify as a heterosexual female.  I recognize that, in some ways, I speak from a place of privilege.  Just as I have learned that it is a privilege that I am not daily confronted with racial challenges because I am white, I have also learned that I’m privileged because I am not daily and personally confronted with the challenges of sexual orientation because I am attracted to members of the opposite sex.  As I said in my opening post, race and sexual orientation (and/or gender identity) are not situated in the exact same historical context, yet I can acknowledge that there are limited, helpful comparisons that can be drawn.  These comparisons, however, are bounded in real ways that I will discuss further later in this response.

Practicing Religion in a Pluralistic Society

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My first job between high school and college was working for a major national department store retailer. Back then, as a conservative recent homeschool graduate in the brief culture war lull between DOMA in the ‘90s and the state level marriage amendment fights of the ‘00s, I took my employer’s non-discrimination policies for granted. The idea that my faith would lead me to bar trans customers from fitting rooms or to refuse to do wedding registries for same-sex couples simply did not cross my mind. After all, the Bible said to love your neighbor and to do unto others as you would have them do unto you, and I didn’t see any exceptions for, “unless you don’t approve of your neighbor’s identity or actions, then forget about it.”
It wasn’t until some years later that I realized that what I had taken for granted was in fact controversial. Not only that, had I come out as gay while still a student at my private Christian college, it would not only have been legal for my school to kick me out, people would have applauded their religious freedom right to do so.
In this essay I hope to show that not only is there not a religious freedom right that would exempt religious for-profit or non-profit corporations from non-discrimination laws, faith-based discrimination is antithetical to the teachings of scripture.

SOGI Laws and Religious Freedom for Faith-Based Organizations

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After the Supreme Court decision Obergefell v. Hodges, public discourse has shifted to addressing the discrimination often targeted toward LGBT individuals in areas such as employment, housing, and credit opportunity. Obergefell requires states to accept same-sex marriage but does not tell governments what they must require of private persons and organizations with respect to same-sex marriage.  One consequence:  a gay couple can get married but then both people get fired or they can’t find housing in those many states and localities without laws protecting the LGBT community from discrimination.  The federal government itself does not have any comprehensive SOGI protections. One consequence is a heightened push to create new laws, including at the federal level, that would make SOGI a new protected class.  But unless well written, such laws, while protecting LGBT people in their identity, will harm faith-based organizations that have a different religious paradigm regarding human sexuality and desire to live in conformity to it without denying the legal rights of others.

Topic #6: Anti-Discrimination Laws (December 2015)

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Conversation Partners: Chelsea Langston-Bombino, Institutional Religious Freedom Alliance of the Center for Public Justice Kathryn Brightbill, Safety Net board member Leading Question: Both states and the federal government have anti-discrimination laws relating to employment, housing and consumer protection for members of the LGBT community. Should faith-based institutions, both non-profit and for-profit, be eligible for exemption from […]

Where Should We Go From Here?

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Lawyers, Professors and Citizens

When I first read Adam’s piece I planned to engage in the argument—we disagree on so many things. But, at this point I do not think that would be helpful, especially given the exchange between Adam and Mikhael. Instead I’d like to write to the readers about where I think we should go from here.

Long ago when I practiced law I spent a lot of time in the courtroom. This was a good place for me because I am by nature argumentative and competitive. I like to win. It was also a bad place for me because by nature I am argumentative and competitive. Winning is too important to me. Being a litigator brought out aspects of my personality that on my best days I work to suppress.

Marriage, Raising Children, and the Ideal Family

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First of all, I thank Adam for sharing his perspective. It is now clear we have a robust debate on this question!  And while I disagree with many of the arguments Adam outlines in his essay, I appreciate his vigorous defense of traditional marriage and his willingness to engage arguments to the contrary.     

I value many aspects of Adam’s argument. His primary concern for the well being of children is evident in his essay, and is something all three contributors to this month’s discussion undoubtedly share. We all want children to grow in loving and nurturing families, though we may disagree on how to achieve this. His thorough analysis of certain facets of my argument was also constructive. While I do not have time to discuss each of his critiques in this response, his comments have enabled me to better reflect upon the various factors that inform my position on this issue. Lastly, the number of outside sources Adam included in his essay is impressive and no doubt helpful for readers who want to read further on this topic. I won’t come close to matching this number of sources in this essay.

In responding to Adam’s argument, I will leave many of the possible legal objections to Julia who has a legal background. My challenges to Adam’s argument come primarily from my interest in public policy. My concerns regarding Adam’s arguments are two-fold: 1) He confounds the goals of marriage with the goals of raising children. They are related but they are not the same and should be treated separately, and 2) he upholds an ideal of family that is unnecessarily exclusive and does not create opportunities for other members of society to love and care for children when this ideal is inevitably unmet. I outline each of these concerns below.    

 

Marriage is for Children

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The legal norms of marriage have always included the moral norms of natural law not because American evangelical Protestant Christians said so but because they are natural rights and duties arising from a biological reality: Sex between a man and woman has consequences, namely offspring. Marriage is pre-political and fundamental, existing in all known civilizations as a man-woman institution to link fathers and mothers to their children by binding them to each other for life.

Advancing Biblical, Civic Justice Even If You Believe Homosexual Relationships are Sinful

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Thank you for this opportunity to write about the issue of same-sex marriage through the eyes of faith. I’ve read all of the preceding articles and am grateful to everyone for their thoughtful pieces. I’m particularly appreciative of the constitutional perspectives provided by Kathryn Lee and Micah Watson. I write this piece taking the next step, applying their foundational arguments to the specific policy of same-sex marriage.

I am a political science professor and a lawyer.  For the past twenty-five years of my professional career I’ve written books on First Amendment jurisprudence and articles on same-sex marriage. And, one of the things that surprises me and keeps me interested is that my perspective on both of these topics has changed over time.  Partly my views have changed because my understanding of hermeneutics has changed. Partly my views have changed because I have had decades in which to have watched the Supreme Court’s decisions and their aftermath. I agree with Alexander Hamilton that the Court is the least dangerous branch of government because it has neither the power of the purse nor the power of the sword. And, I hold tightly the words of the Apostle Paul, that in this earthly life we see through a glass darkly; we see only in part.

Public Policy on Same-Sex Marriage: The State and the Church

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Let me begin by stating the importance of this question for Christians as we begin to process the U.S. Supreme Court’s ruling on same-sex marriage. While the reaction to this court decision among Christians ranged dramatically from elation to dismay to heartbreak, this case presents an opportunity for all Christians to reevaluate how to extend love to gays and lesbians in both the public sphere and within the Christian community. I firmly believe that how Christians respond to this moment will define the relevancy of Christianity to the broader culture in the years to come. This issue will also be a critical test for church unity and critical dialogue in the face of a deep theological and ideological divide. 

This essay outlines two basic public policy positions on same-sex marriage. First, in order for gays and lesbians to fully participate in public life as equal citizens, same-sex marriage should be upheld as a fundamental legal or civil right. This position advances the principles of democracy, in which every citizen in society is involved in defining the common good. However, religious institutions that oppose same-sex marriage should not be compelled to support this public law. Thus, public policy should grant exemptions from participating in same-sex marriage ceremonies to institutions that are inherently religious. This position is consistent with the concept of principled pluralism, which reflects the diversity and differentiation of God’s creation. This exemption also provides space for the church to pursue a healthy and honest discussion on this issue.

Topic #5: Same-Sex Marriage: Pluralism (November 2015)

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Conversation Partners: Mikael Pelz, Assistant Professor of Political Science, Calvin College Julia Stronks, Edward B. Lindaman Chair and Political Science Professor, Whitworth University Adam MacLeod, Associate Professor of Law, Jones School of Law, Faulkner University Leading Question: Given the pluralistic nature of American society, what stance should Christians take relative to public policy for or […]