Monday, June 14, 2021

Equality Act— A “Clear & Present Danger” to Religious Freedom

Earlier this year, the Democrat-led U.S. House of Representatives passed the pro-LGBTQ bill by the narrow margin of 224-206.  The controversial bill— backed by President Joe Biden, House Speaker Nancy Pelosi, and numerous other Democratic leaders— amends the Civil Rights Act of 1964 by including “sexual orientation” and “gender identity” in the list of protected classes in education, employment, and public places.  The measure has been with the Senate Judiciary Committee since mid-March.

Freedom of conscience would be out the window says Ken Starr— a former federal judge and President of Baylor University from 2010-2016.  He warns that the Equality Act (H.R. 5) is at the “very top” of his fears about the erosion of religious freedom in America.  “If enacted, the Equality Act would quash conscientious objections on the part of faith-based individuals,” Starr told Christian Headlines.  “... I view the Equality Act as a clear and present danger to something that is foundational to our constitutional order, our religious liberty— and that is freedom of conscience.  The coercive powers of the government are going to be boldly expanded if the Equality Act is passed into law.”

Starr says that it is not only imperative for laypeople to “speak into the culture effectively,” but for all Americans to be aware of the legal and political battle for religious liberty that is currently being waged against the anti-Christian mandates of the Biden Administration.  And should the Equality Act become law, Star argues religious liberty will become increasingly rare— as one’s faith will no longer be protected in many legal matters.

“The text of the Equality Act explicitly forbids individuals from using the Religious Freedom Restoration Act of 1993 (RFRA) to sue based on claims within the Equality Act,” explained Christian Headlines, which noted that senators were told that the proposed law would close or punish thousands of religious organizations.  “That law— signed by President Clinton— prevents the government from ‘substantially burdening a person’s exercise of religion.’ ”

The dignity and respect enforcement of the pro-LGBTQ law would make it illegal for Christian business owners to deny services that compromise their faith— such as a Christian baker refusing to make an LGBTQ-themed wedding cake celebrating homosexual behavior that is condemned in the Bible as immoral.  “It would mean that individuals such as Jack Phillips, the famous Lakewood, CO, baker who could not in conscience create— using his artistry, his creative powers— a cake to celebrate a non-traditional wedding … it means he loses – he's out,” Starr explained.  “That’s just a single and simple and understandable example of what it would mean for RFRA not to apply.”

Starr contends that even though a series of pro-LGBT rulings have been issued over the past years by the U.S. Supreme Court, he is confident that the conservative-majority bench— thanks to three appointments by former President Donald Trump— will find the right balance and protect religious liberty … even as Biden ponders stacking the court with liberal appointments.  “It can be done— it can be done by saying, of course, every person should be treated with dignity and respect,” the advocate of religious liberty assured.  “And so, let’s use the bakery example again— the LGBTQ customer should come in, be treated with dignity and respect just like anyone else, to be able to buy anything in the store.”  However, he maintains that a Christian baker should not be compelled to create or celebrate something that runs contrary to his or her religious beliefs.  “Respect the views and dignity of all persons,” Starr impressed.  “Don’t use the coercive powers of the government to quash the expression that is informed by freedom of conscience.”


Rev. Dr. Kenneth L. Beale, Jr.
Chaplain (Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel

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