The Iowa Civil Rights Commission (ICRC) recently
amended its “Sexual Orientation & Gender Identity Public Accommodations”
brochure after churches in the state sued, contending the commission was trying
to mandate transgender restroom usage in churches and prohibit preaching on
Biblical sexuality.
The pamphlet originally stated that Iowa’s
anti-discrimination law “sometimes” applies to churches, such as occasions when
the facility was not being used for a “bona fide religious purpose” … which is
not defined. It further stated that
instances when church services are open to the public are not a “bona fide
religious purpose.”
The law suits contend, this interpretation of
Iowa’s anti-discrimination law amounts to a de facto ban on free speech … outlawing
pastors from preaching about sexual morality.
According to Iowa law, it is illegal to
discriminate against transgender individuals in any manner that they are
“unwelcome, objectionable, not acceptable, or not solicited,” since Iowa Code
Chapter 216 was expanded in 2007 to add sexual orientation and gender identity
to the list of protected classes. The
law also requires places of public accommodation, which includes — by the ICRC’s
interpretation of the Iowa Civil Rights Act in its “Sexual Orientation &
Gender Identity Public Accommodations” brochure — churches that open their
services to the public, to allow transgender use of restrooms and locker rooms. Further, “illegal harassment” (according to
the brochure) includes “intentional use of names and pronouns inconsistent with
a person’s presented gender.”
Alliance Defending Freedom (ADF) sued July 4
on behalf of The Fort Des Moines Church of Christ, arguing, “The Act’s and the
(accompanying Des Moines) City Code’s imposition of sanctions on public
statements that may be viewed as unwelcome in violation of the speech ban,
places a direct and substantial burden on the Church’s right of Free Speech,
including the Church’s freedom to teach its religious beliefs regarding God’s
design for human sexuality and to publicly distribute and implement its
restroom and shower use policy.” ADF
said that the statutes were unconstitutional and use terms that are vague or
have no settled legal meaning. ADF asked
the court to enjoin the commission, the City of Des Moines and the Iowa
Attorney General from applying either code “to prohibit or chill the Church’s
statements and facility use policy regarding its religious beliefs about sex,”
and also declare that the statutes violate the First and Fourteenth Amendments.
Cornerstone World Outreach in Sioux City sued
the following day represented by First Liberty Institute (FLI), requesting the
commission amend its policy to clarify that it would not apply Iowa Code 216
against churches, and publicly acknowledge that because Cornerstone World
Outreach is a church, it would be exempt from enforcement action related to the
code.
Christian advocates have criticized the
brochure. “It doesn't take a law degree
to see how the application of this law can be a threat to religious liberty,”
Family Research Council (FRC) President Tony Perkins said in a statement. “I don't know about you, but most church
services I have attended were open to the public.” “Did the Last Supper qualify as a religious
event?” Perkins asked. “What about the
feeding of the five thousand?”
“It is quite evident that the ICRC is out of
control,” local blogger, speaker and interim pastor Shane Vanderhart wrote in
Caffeinated Thoughts. “So basically
they’re saying any time the church holds an activity that according to the ICRC
does not have a ‘bona fide religious purpose’ then a transgendered person who
is a biological male must be allowed to use the women’s restroom and vice
versa.” “Apparently, it would be
considered “harassment” if a pastor or teacher in the church used the wrong
pro-nouns,” Vanderhart continued. “They write ‘intentional use of names and
pronouns inconsistent with a person’s presented gender’ is harassment. Really? This is illegal?”
“If pastors don’t stand up now, they may soon
have to break the law in order to preach the Word,” the Family Policy Institute
of Washington said in a statement.
The ICRC announced just the other week that
it amended its “Sexual Orientation & Gender Identity Public Accommodations
” brochure, which now states that “Places of worship (e.g. churches,
synagogues, mosques, etc.) are generally exempt from the Iowa law’s prohibition
of discrimination, unless the place of worship engages in non-religious
activities that are open to the public. For
example, the law may apply to an independent day care or polling place located
on the premises of the place of worship.”
The commission’s executive director stated
the revision replaces what had been in place since 2007 and clarifies that
churches’ religious activities “are exempt from the Iowa Civil Rights Act,” and
further that the commission has not indicated it would be going after pastors. “The ICRC has never considered a complaint
against a church or other place of worship on this issue,” said Kristin
Johnson, executive director of the ICRC. “This statute was amended to add these
protected classes (sexual orientation and gender identity) in 2007 and has been
in effect since then. The ICRC has not
done anything to suggest it would be enforcing these laws against ministers in
the pulpit, and there has been no new publication or statement from the ICRC
raising the issue. The Commission
regrets the confusion caused by the previous publication.”
The Christian
Post reports Iowa Gov. Terry Branstad commended the pamphlet revision and
suggested the commission’s objective is not to infringe upon religious liberty.
“I think they wanted to clarify the law
and make it clear that they have no intention of going after people for exercising
their freedom of religion.” Despite the
governor’s reaction, reservations persist.
FLI was cautious in its response. “We’re taking the state at its word that it
will not encroach on the church in any way,” Chelsey Youman, chief of staff
& counsel for FLI, said in a statement. “However, if it does in the future, we stand
ready to use the full force of the law to protect the church’s free exercise of
religion and free speech under the Constitution.”
“What remains is still vague and alarming,”
Perkins said. “What constitutes
‘non-religious activities,’ and who decides what those are?”
ADF rejected the commission’s remedy on the
whole, saying the modified brochure “doesn’t change bad law,” and that its suit
would continue. “Cosmetic changes to the
alarming language in one brochure won’t fix the unconstitutionality of the Iowa
Civil Rights Act,” ADF legal counsel Christiana Holcomb said. “Churches should be free to communicate their
religious beliefs and operate their houses of worship according to their faith
without fearing government punishment. The
ICRC had no constitutional basis for including explicit threats against houses
of worship in any of its materials.” Although
the commission removed some of “the most disturbing language” in its brochure,
Holcomb continued, the change doesn’t correct the inherent problem with the
Civil Rights Act that forms the basis of ADF’s lawsuit, which is “the act gives
the power to determine what parts of a church’s activities do not have a ‘bona
fide religious purpose’ and are thereby subject to the act’s prohibitions.” “No state or local law should threaten free
speech and the free exercise of religion as protected by the First Amendment,”
Holcomb said. “Because the Iowa law does
that, ADF will continue to challenge the law to bring certainty to Iowa
churches.”
The brochure was also cited last year in a National Review piece warning of
potential devastating financial losses for churches that refuse to perform
same-sex “marriages” after the U.S. Supreme Court Obergefell v. Hodges decision redefining marriage because insurance
companies would now decline to cover them.
The brochure’s controversial content has also
been seen by Christians as prime example of current codified attacks on
religious freedom, demonstrating how the agenda is not limited to Christians
declining to bake cakes, produce floral arrangements, photograph or host
so-called same-sex “weddings,” but that it has included pastors all along.
Rev. Dr.
Kenneth L. Beale, Jr.
Chaplain
(Colonel-Ret), U.S. Army
Pastor,
Ft. Snelling Memorial Chapel