How States are Responding to SCOTUS Ruling
By Raul Rivera
It’s been just over a month since the Supreme Court ruled in favor of same-sex marriage and there still remains many unanswered questions for both the church and ministers. In my post addressing the Court’s ruling (click here to read), I discussed the importance that churches be proactive by reevaluating their bylaws and other governing documents.
While further response/action from the church may seem limited at this time, some states over the past several weeks, and months leading up to the Court’s ruling, have been proactive in providing protective legislation for clergy members and religious organizations. In this post I want to take a moment to discuss three ways in which states are addressing hostile legislation towards the church.
3 ways states are responding
1. Religious Freedom Restoration Acts
With the recent legislation earlier this year in Indiana and Arkansas, you are probably most familiar with what is commonly referred to as religious liberty laws. However, I believe that in order for us to have a better understanding of these laws, we need to understand the difference between the federal Religious Freedom Restoration Act and the state religious liberty laws.
A little over 20 years ago, Congress enacted the federal Religious Freedom Restoration Act of 1993 (RFRA). This Act was initially applied to religious burden imposed upon by both the federal and state level governments. However, in 1997, the Supreme Court ruled in City of Boerne v. Flores that Congress overstepped its constitutional authority in in imposing the federal RFRA on states. As a result of the City of Boerne v. Flores case, the responsibility now rests upon states to enact their own RFRA’s if they want to ensure that state law does not impose “substantial burdens” on those who hold sincerely held religious beliefs.
Currently, multiple states have enacted their own version of the RFRA, and there are a handful of other states whose versions of the RFRA are “pending”. In recent months these religious liberty laws have become a hot button topic, which is one reason why several states find their versions “pending”. However, in response to the Supreme Court’s recent ruling, several states are proposing, and passing, another form of protection known as Pastor Protection Acts.
2. Pastor Protection Acts
Several states are beginning to enact legislation specific to clergy members and religious organizations. The legislation is commonly known as Pastor Protection Acts. Below are 3 states that have either enacted this legislative measure or are in the process of proposing it before state lawmakers.
Texas: On June 11th, 2015, Texas Governor Greg Abbott signed SB2065 into law. This law allows clergy members in the state of Texas to refuse to conduct marriages that violate or contradict his/her sincerely held religious belief. The bill is to take affect beginning on September 1st.
Georgia: House Speaker David Ralston, has proposed a Pastor Protection Act that he plans to introduce when Georgia lawmakers return to session in January 2016. A working proposal of the draft states:
“No minister of the gospel or cleric or religious practitioner ordained or authorized to solemnize marriages according to the usages of the denomination, when acting in his or her official religious capacity, shall be required to solemnize any marriage in violation of his or her right to free exercise of religion.”
Tennessee: Two lawmakers, Rep. Bryan Terry and Rep. Andy Holt, are drafting a “Tennessee Pastor Protection Act”. Terry, the lead sponsor of the bill, stated the intent of the bill is to “protect all religious clergy from performing same sex marriages, as well as, providing legal protection from being forced to perform same sex marriages on church property.”
Several other states, such as Florida, are quickly following suit by beginning the process of proposing their own Pastor Protection Acts. Other states, such as Kansas, are using other measures to ensure protection for clergy members and religious organizations.
3. Executive Orders
On July 7, 2015, Governor Sam Brownback of Kansas issued Executive Order 15-05 “Preservation and Protection of Religious Freedom”. The executive order states that,
“The State Government is prohibited from taking any action . . . against any individual clergy, religious leader, or religious organization on the basis that such person or organization believes or sincerely acts in accordance with a religious believe or moral conviction that marriage is or should be recognized as the union of one man and one woman.”
Conclusion
There is no doubt that we are living in a legislative culture that is hostile towards the Church. At times it may seem like we are continually fighting an uphill battle with little progress to show. And if we’re not careful it may be easy to slip into an apathetic state of existence which can further lead to us not continuing to fight the good fight. But when Jesus came to earth, he came to so that we may have life, and have it to the full, and he has entrusted us as the Church to be a vessel that brings life to a lost and dying world. So, do not be discouraged, but rather be encouraged in the fact that we serve the living God who is faithful; for if God is for us, who can ever be against us?