Under Societal Pressure
Churches, faith-based nonprofits, religious schools and educational institutions, and individual Christians are under tremendous societal pressure these days to acquiesce to changing cultural standards regarding sexuality, including same-sex marriage, claims of lesbian/gay/bisexual/transgender (LGBT) discrimination, and other sexual orientation/gender identity (SOGI) issues. As believers, we are called to live under God’s authority and with a consistent understanding of Biblical truths about human sexuality.
But such truths seem to be increasingly colliding with so-called “social equality” rights pushed by vocal proponents. Most recently, by a narrow majority, the United States Supreme Court ruled in late June 2015 that same-sex couples have a “fundamental right” to marry. As a result, religious institutions and individuals are likely to face various conflicts between this newly created constitutional right and their religious freedom and free speech.
Churches, pastors, Christian schools, and all Christians need to know the practical reasons for upholding marriage between one man and one woman, and be prepared for new laws that do not necessarily provide adequate protections for religious persons and for “test” cases seeking to push the limits of existing laws.
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Guidance for Churches
Guidance for Christian Schools & Colleges
Guidance for Religious Nonprofit Organizations
CLS seeks to educate these groups about current critical legal issues and help them navigate through these legal minefields of sexuality-related issues, particularly in light of rapidly shifting cultural norms and accompanying legal changes. We have resources for all three groups because while applicable legal considerations may be related, they can also be distinctly different.
Kim Colby, Director of CLS’ Center for Law and Religious Freedom, wrote two articles addressing these current struggles and surrounding issues: Practical Steps that Religious Institutions Should Consider in a Post-Obergefell World and The Current Legal Landscape Regarding Same-sex Marriage, Religious Liberty, and Nondiscrimination Law. These articles are a great overview to the resources above.
CLS membership is not required to participate. All are welcome to attend webinars and download the guidance materials.
Religious Freedom Toolkit
Christian Legal Society is pleased to provide this Religious Freedom Toolkit, featuring various articles and resources recommended by Kim Colby, Director of CLS’ Center for Law & Religious Freedom, to equip law students, lawyers, and laypersons to defend religious freedom in their daily work and conversations.
Kim Colby’s article “Equipped to Defend Religious Freedom“ appeared in CLS’ Journal of Christian Legal Thought in Fall 2016. The articles and books mentioned in Kim’s article are included in the list below.
Why Protect Religious Freedom? by Michael W. McConnell
Is Religious Freedom Irrational? by Michael Stokes Paulsen
Religious Liberty and the Culture Wars by Douglas Laycock
Sex, Atheism, and the Free Exercise of Religion by Douglas Laycock
Progressive Arguments for Religious Organizational Freedom: Reflections on the HHS Mandate by Thomas C. Berg
Religious Accommodation and the Welfare State by Thomas C. Berg
Partly Acculturated Religious Activity: A Case for Accommodating Religious Nonprofits by Thomas C. Berg
Confident Pluralism: Surviving and Thriving through Deep Difference by John D. Inazu
Free to Serve by Stpehen V. Monsma and Stanley W. Carlson-Thies
The Socio-economic Contribution of Religion to American Society: An Empirical Analysis by Brian J. Grim and Melissa E. Grim
Federal Contractors, Title VII, and LGBT Employment Discrimination: Can Religious Organizations Continue to Staff on a Religious Basis? by Carl H. Esbeck
Conscience Wars: Complicity-Based Conscience Claims in Religions and Politics by Professor Douglas NeJaime and Professor Reva B. Siegel
Religious Liberty for Politically Active Minority Groups: A Response to NeJaime and Siegel by Douglas Laycock
Disaster: The Worst Religious Freedom Case in Fifty Years by Michael Stokes Paulsen
Religious Accommodations And – And Among – Civil Rights: Separation, Toleration, and Accommodation by Richard W. Garnett
Religious Freedom and the Nondiscrimination Norm, in Austin Surat, ed., Matters of Faith: Religious Experience and Legal Response by Richard W. Garnett
When Religious Exemptions Cause Third-Party Harms: Is the Establishment Clause Violated? by Carl H. Esbeck
The State of Religious Liberty in the United States, Written Statement Before the Subcommittee on the Constitution and Civil Justice of the House Judiciary Committee on June 10, 2014 by Kim Colby
How the Religious Freedom Restoration Act Benefits All Americans by Kim Colby
The Religious Freedom Restoration Act by Kim Colby
Religious Freedom Cases of the 2019 and 2020 Terms of the United States Supreme Court, presented by Kim Colby at CLS’ 2020 National Conference
CARES Act
What Religious Employers Should Know About the Cares Act
About the Caring About CARES Teleforum
In recent weeks, the United States government has earmarked trillions of dollars to help businesses and other employers weather the economic impact of COVID-19 and its resultant social distancing. Wading through the details and availability of relief in the CARES Act and other programs can be difficult. Moreover, certain important aspects of these programs are still being worked out and are in flux.
The acceptance of government funds, even as a part of the CARES Act and other emergency relief, may come with significant restrictions on the use of the funds or may include conditions that impact how religious entities operate. Churches and religious nonprofits are working through important questions, including “What benefits are available to religious nonprofits and their employees?” “How can we take advantage of them?” “What are some of the risks associated with accepting government relief?”
During the teleforum, a panel of prominent subject matter experts provided guidance to churches and religious nonprofits working through these issues. Speakers included Kim Colby, the Director of Christian Legal Society’s Center for Law and Religious Freedom; Stuart Lark, member at Sherman & Howard; Sally Wagenmaker, founding partner of Wagenmaker & Oberly; and Peter Smith, Christian Legal Society’s Chief Financial Officer. Reed Smith, Christian Legal Society’s Director of Litigation, moderated. The panel explained the changes in the law, what relief is available, the ways to apply for relief, and what strings may be attached to accepting financial relief.
Caring About CARES Teleforum
Christian Legal Society and prominent legal experts held a teleforum on April 9, 2020, to explain what religious employers should know about the CARES Act and other emergency relief programs in response to COVID-19. (CLS held a subsequent webinar for churches and nonprofits in June 2020 on re-opening and also provided materials on other COVID-related religious freedom issues.)
Presenters
Sally Wagenmaker –
Relief for Today: The Pandemic Unemployment Assistance Program
Peter Smith –
From CARES Act to Acts of Caring: Practical Advice in Securing and Administering Emergency Relief
Stuart Lark and Kim Colby –
The Cost of a Free Dinner: Managing Potential Religious Restrictions in CARES Act Loans
Presentations and Helpful Documents
DOWNLOADS
Sally Wagenmaker – Cares Act Pandemic Unemployment Assistance
Peter Smith – Paycheck Protection Plan Overview and Issues
Stuart Lark – Managing Potential Religious Restrictions in CARES Act Loans
Kim Colby – The CARES Act and Religious Freedom Issues
SBA FAQ for Faith-Based Organizations
SBA Interim Final Rule – Paycheck Protection Plan
HHS Mandate
An Important Issue of Religious Freedom
HHS Mandate Overview
On March 25, 2014, the Supreme Court heard oral argument in two cases, Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, challenging the HHS Mandate. The Court held that the Government violated the federal Religious Freedom Restoration Act (“RFRA”) when it threatened religious owners of for-profit corporations with multi-million dollar fines if they did not pay for coverage of drugs they believe may terminate human life. CLS filed a brief explaining why the Religious Freedom Restoration Act protects the religious owners and their corporations.
“The cases challenging the HHS Mandate are about whether America will remain a pluralistic society that sustains a robust religious liberty for Americans of all faiths.”
“The Mandate departs sharply from the Nation’s historic bipartisan tradition that protects religious liberty, particularly in the context of funding abortion.”
“The federal Religious Freedom Restoration Act and the First Amendment require that the government respect religious liberty by protecting all entities with sincerely held religious convictions from providing, or otherwise enabling, the objectionable coverage required by the HHS Mandate.”
–from Christian Legal Society Brief
Watch the outstanding video below “Faces of Free Exercise” produced by The Becket Fund for Religious Liberty.