The U.S. Supreme Court issued a ruling on June 26, 2015,
holding that the Fourteenth Amendment requires a state to
license a marriage between two people of the same sex. This
decision also requires states to recognize a marriage between
two people of the same sex when their marriage was lawfully
licensed and performed in another state.
Although this seems to be a landmark decision, this ruling
does not appear to take away any of the rights that religious
organizations currently have under the law. The First
Amendment ensures us that religious organizations and
persons are given proper protection as they seek to teach
the principles that are so vital to their lives and faith, and to
their own deep objectives to continue the family structure
they have long valued. Still, this ruling leaves unanswered
questions, and those questions could lead to confusion and
concerns for our churches and their ministries.
With this in mind, what should our SDB Churches do? What
should our SDB Pastors do?
So What Does This Mean for Churches?
This ruling does not appear to take away any of the rights
that religious organizations currently have under the law.
Still, the ruling leaves concerns for ministries. Common
concerns include whether a pastor must perform a same-
sex wedding ceremony or whether a church must make its
facilities available for same-sex wedding events. We do have
some things we should do in our churches to ensure we are
being compliant with the law of the land.
Communicate Expectations
Your church should have Biblically-based beliefs and policies
documented in the bylaws, articles, and other foundational
documents. Stating the church’s belief, along with applicable
reference to scripture in your governing documents, can
help avoid claims of improper discrimination. Churches and
ministries will do well to clearly communicate what the
church’s positions and policies are based on sincerely held
religious belief. This lays the foundation for the ministry
to operate in accordance with its stated belief, found in the
bylaws.
Your church must be consistent in its response to questions.
The church or ministry cannot treat an individual or a group
of people differently than it does another person or group.
For example, if the church offers the sanctuary or event center
for rent to the general public, yet declines to allow a same-sex
couple to rent the facility, the individual whom the church
declined may have a valid claim of discrimination. The odds
of the church losing a lawsuit increase significantly. Your
church would be better served only renting to members of
the church.
Take Steps to Avoid a Lawsuit
To reduce the likelihood of an individual bringing a successful
same-sex-related lawsuit against your church, your church
might want to consider the following steps:
1) Include a spiritual purpose provision in the governing
documents/bylaws. Be sure the organizational governing
documents clearly state the ministry’s spiritual purpose,
reliance on scripture, and the intent to advance the ministry
in accordance with scripture. Where appropriate, quote
scripture within the purpose statement.
2) Respond with sensitivity. Train the clergy, staff, and
volunteers to approach individual needs and requests with
empathy. Although the church cannot meet every request or
demand, the manner in which it conveys its response is
sometimes as important as what is decided.
3) Consult with local counsel. If your church is revising its
organizational documents, ministry policies, and procedures,
it should involve a local attorney. A wide variety of federal,
state, and local laws apply to employment and facilities use.
Consulting with a local attorney can provide guidance on
any state-specific and local legal issues that the church may
encounter.
I hope that this has been helpful. Following the steps listed
above can help our churches continue to operate in accor-
dance with their sincerely held religious belief.
What Should Your Church Be Aware Of?
The U.S. Supreme Court Decision Regarding Same-Sex Marriage
Executive Director
Rob Appel
22
November 2015 SR
SR
