Minister Told: Perform Same-Sex Wedding or Go to Jail
By Raul Rivera
In 1989, two ministers of the gospel started a wedding chapel. In September of 2014, they formed an LLC, calling it Hitching Post Weddings, LLC. As a married couple and ordained by their church, they have performed weddings as a way of expressing their deeply held biblical beliefs that marriage is between one man and one woman. Yet, on Friday, the City of Coeur D'Alene, Idaho threatened the couple (Mr. and Mrs. Knapp) with jail time and fines if they refuse to perform same-sex weddings. City ordinance 9.56 will punish them with 180 days of jail time and a fine of $1,000.00 for every day they refuse to perform a same-sex wedding. For example, if they refuse to perform a same-sex wedding for 7 days, they face jail time of 3 and ½ years and a fine of $7,000.00. If they refuse for one year, they face 180 years in jail and a $365,000.00 fine. For the last several years, I have written that the redefinition of marriage will impact the church in ways never before known. A few years ago when courts overruled Massachusetts' marriage laws, very few, if any, people believed that laws would be passed requiring ministers to engage in activities that violate their religious beliefs. That day is here.
Supreme Court ruling will likely help
On June 30th 2014, the Supreme Court held that Americans have the right to " . . . pursue any lawful purpose or business, including the pursuit of profit in conformity with the owners' religious principles." The court's ruling upheld the notion that "sincerely held religious beliefs" cohabitating in harmony with the pursuit of profit is a constitutionally protect right.
Additionally, the state of Idaho's Free Exercise of Religion Protected Act as found in 73-402 states that "government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability." It also states that if government passes a law that burdens the free exercise of religion, it must show that it is essential to further a compelling governmental interest and it is the least restrictive means of furthering that compelling governmental interest. The City of Coeur D'Alene has hardly used the least restrictive means.
What should ministers do?
Never before has being associated with a church and its doctrines been more beneficial to establishing the legal concept of "sincerely held beliefs." In United States v. Quaintance, the court held that the defendant did not sincerely hold religious beliefs they claimed, but instead sought to use the "cover of religion" in their defense. In the case mentioned at the onset of this blog, the Knapps did one thing well. They properly documented their sincerely held beliefs in their organizing documents and showed proof of how they were bound to uphold the doctrines of the church from which they were ordained. Below are some examples.
1. The Hitching Post is a religious corporation owned solely by ordained ministers of the Christian religion who operate this entity as an extension of their sincerely held religious beliefs and in accordance with their vows taken as Christian ministers.
2. They presented evidence that as ministers of the International Church of the Foursquare Gospel, they were bound to uphold the Foursquare Creedal Statement, the Foursquare Declaration of Faith, and the Corporate Bylaws of the International Church of the Foursquare Gospel.
3. They pointed to how the Board of Directors was empowered by the Foursquare Corporate Bylaws to revoke their ordination if they condoned or engaged in the performance of a same-sex wedding.
By presenting such evidence, they clearly showed how the city's ordinance placed a burden on sincerely held religious beliefs. They also clearly disclosed that the burden of proof is on the city for the following two areas: to prove that there is an overriding government interest requiring a minister to perform same-sex weddings to end discrimination, and to prove that the requirement placed on ministers is the least restrictive way to accomplish that interest. This is a case that the city will lose.
What about Christians in other businesses?
Many states have now passed laws that place a burden on the religious beliefs of photographers, bakeries, artists, and others in service-oriented businesses. A baker in Oregon was forced to shut down his business because he refused to bake a wedding cake for a same-sex wedding. In Colorado, New Mexico, and others states, business owners in similar circumstances have been punished. In New York a Christian couple was fined $15,000.00 for refusing to allow a same-sex pair to use their farm for a wedding. Is there anything that Christians can do to better protect their 1st Amendment right guaranteeing free exercise of religion? YES! Below are some practical steps.
1. Incorporate their business: When one incorporates a business, he/she has the right to pursue any lawful purpose. That purpose includes the running of his/her business in conformity with his/her religious beliefs.
2. Create bylaws for the business: Document the way the business will run itself and also document the owner's religious beliefs based on the Holy Scriptures. This can also be done by writing that the business must govern itself in accordance with the doctrines of XYZ church.
3. Associate with a church: Being the member of a church is good in that it provides a way to be in communion with like-minded believers to challenge and encourage you to pursue God. However, it can also be a way to asset your 1st Amendment rights. Many churches have standard of living requirements to maintain membership. When a member chooses to live a life that is contrary to the church's doctrine, he/she is subject to being terminated. On one hand, if one chooses to stay faithful to one's religious beliefs, he/she is penalized by the state. On the other hand, if one does what the state orders, one violates his/her faith and also loses his/her church membership.
Wise as serpents and gentle as doves
The Knapps have filed a lawsuit in the United States District Court of Appeals in Idaho requesting the court to issue an injunction in their behalf. The suit was filed on October 17, 2014. The last several years, I have continually repeated the words of the Lord to be wise as serpents and gentle as doves. Being wise as a serpent means that we prepare today for the real possibility that we may have to defend ourselves in court. Jesus warned us. He said, "Be on your guard; you will be handed over to the local councils and be flogged in the synagogues. On My account you will be brought before governors and kings as witnesses to them and to the Gentiles (NIV)." These are not the days to go about doing life as a believer without also considering the real possibility that merely exercising your faith can land you in legal trouble. Be wise as a serpent. Prepare in advance to defend your faith, your actions, and livelihood if necessary. Whether it is ministry or marketplace, create a 1st Amendment defense plan in your organizing documents. You may need to rely on them soon so that you do not have to "worry about what to say or how to say it. At that time you will be given what to say."