PROTECTING YOUR CHURCH’S RIGHT TO RELIGIOUS EXPRESSION Frank Sommerville, JD, CPA

HISTORICAL CONTEXT FOR MARRIAGE Religion has defined marriage for thousands of years. Before the founding of the United States, the church-state type of governance dominated Europe. No conflicts between the government and religion over marriage because they shared common requirements. The United States created government that was separated from religion.

HISTORICAL CONTEXT FOR MARRIAGE Before the admission of Utah as a state, no conflicts existed between the government and religion regarding marriage. The law and religion had similar rules for marriage and divorce. In 1966 California passed the first no fault default divorce law, causing divorce law to deviate from the religious requirements for divorce.

NEW GOVERNMENT DEFINITION OF MARRIAGE The US Supreme Court decision in Obergefell required that states change their definition of marriage to include same-sex marriages. This causes civil law to deviate substantially from some religious beliefs. This decision has no effect on the religious rules for marriage.

PUBLIC ACCOMMODATION STATUTES Most states, counties and cities have Public Accommodation laws. These laws prohibit discrimination in public accommodations to certain classes of people. These protected classes include race, color of skin, national origin, disability, gender, sexual orientation and sexual perception. These statutes have been applied against Christian business owners, resulting in huge fines.

THE CHANGING CULTURE The church still controls its definition of marriage. The church still controls the use of its facilities. The clergy still controls whether to participate in a wedding ceremony. The church still may use religion as a basis for making most employment decisions.

BASIC DEFENSIVE STEPS Every house of worship should determine its sincerely held religious beliefs. These sincerely held religious beliefs should be incorporated into a statement of faith. The statement of faith should be incorporated into the governing documents. The statement of faith should address marriage and sex, with Scripture references. The house of worship should consistently follow the standards set in the statement of faith.

BASIC DEFENSIVE STEPS The statement of faith should be incorporated into the house of worship's policies and procedures. The statement about marriage should be included in the wedding policy. The statement of faith should be incorporated into the employee and volunteer application process. The statement of faith should be incorporated into employee and volunteer handbooks. All employees should sign a statement annually that they agree with the statement of faith.

CLASHES OVER FACILITY USE Many houses of worship use their facilities as a community center. Some houses of worship use their facilities as a wedding venue. Any outside use creates potential issues for houses of worship. Too much outside use may cause the house of worship to become subject to Public Accommodations statutes, like any other business. Too much outside use may also cause the house of worship to lose its property tax exemption.

BASIC DEFENSIVE STEPS Adopt a facilities use policy. Limit users to ministries and members. Refuse all non-religious use. Require all users to agree to the statement of faith. Require a written lease agreement with all users.

BASIC DEFENSES EEOC interprets Title VII to prohibit discrimination based on sexual orientation and sexual perception. EEOC issued “bathroom” guidance on 5/4/2016 prohibiting employers from requiring that employees use the bathroom associated with their birth gender and prohibiting employers from requiring transgendered individuals to use a single stall bathroom. EEOC does not exempt houses of worship from this interpretation. Houses of Worship should require that applicants and employees sign a statement that they agree with the statement of faith.

THANK YOU! Frank Sommerville

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