Faith ● Family ● Freedom
Faith ● Family ● Freedom
The National Center for Law & Policy
Protecting Your Church from
Sexual Orientation & Gender
Identity Lawsuits
Dean R. Broyles, Esq.
President & Chief Counsel
The National Center for Law & Policy
September 1, 2015
Bethel Baptist Church
Escondido, CA
© NCLP 2015
The National Center for Law & Policy
Who is Dean Broyles?
Follower of Jesus Christ!
Married: Shona for 26 yrs.
Children: Ryan (15), Jasmine (13), & Bryant (11).
Father: Pastor & missionary.
Education: Westmont College (B.A.); Regent U. School of Law (J.D.)
Vocation/Call: Constitutional attorney defending religious freedom.
Experienced: forming & advising non-profit organizations & churches.
The National Center for Law & Policy
What is The National Center for Law &
Policy?
A legal ministry serving the body of Christ.
Located in San Diego County (Escondido).
A non-profit (501(c)(3)) corporation.
Providing pro-bono (free) legal representation (more than 5 million
dollars worth since 2007).
Advocating for individuals & groups whose First Amendment rights are
violated (persecuted Christians).
Your Christian voice in the courts & culture fighting for faith, family,
and freedom.
Primary mission is keeping the doors open for the spread of Gospel
of Jesus Christ.
If you forget . . . we’re the Anti-ACLU/FFRF!
The National Center for Law & Policy
Some of Our Work:
The NCLP has fought to preserve & protect the rights of:
● Traditional marriage vs. same-sex “marriage” (Prop. 8)
● Christians to hold home Bible studies
● Employees’ freedom from religious discrimination at work
● Individuals to publicly share the Gospel
● Sanctity of life: Parental informed consent to child’s off
campus medical treatment (i.e. abortion.)/AB 775
● Students to share the Good News in public schools
● Citizens to pray publicly in Jesus’ name
● Parents to choose home education for their children
● Students to be free from religious indoctrination in public
schools (stealth Hinduism & Buddhism)
● Students to have Christian clubs & read the Bible
at public schools
● Pastors to boldly proclaim God’s word without fear
The National Center for Law & Policy
•
•
•
•
•
Some of Our Work:
Educating citizens & influencing the culture…
debates & panel discussions
legislation
opinion editorials
public speaking/training opportunities…
The National Center for Law & Policy
Overview
• Introduction and Definitions
• How “Sexual Liberty” threatens religious freedom
• Obergefell v. Hodges (same-sex “marriage”)
•
•
•
•
•
•
•
Suggested amendments to bylaws & policies:
(1) Statement of Faith
(2) Employment Criteria
(3) Facility Use Policies
(4) Membership Policy
(5) Marriage Policy
(6) Pro-life statement
• Questions and Answers
The National Center for Law & Policy
Introduction/ Definitions
• “Sexual ‘Liberty’”: the concept that an individual’s selfdetermined sexual identity & behavior (even if perverse/against
nature) must be legally protected & treated as a “civil right” (i.e.
the civil rights of African Americans).
– Notice: move from objective to subjective truth!
– Notice: SELF becomes god (determines right & wrong).
• “Sexual orientation”: The sexual attraction/preferences of an
individual (i.e. gay, lesbian, bi-sexual, transgender, straight).
– Big issue: immutability? (born/stuck this way?)
• “Gender Identity”: the sex or gender with which the individual
subjectively identifies regardless of biology (i.e. a boy selfidentifies as a girl).
– This can change from day to day or moment to moment
• SOGI: Sexual Orientation (SO) & Gender Identity (GI).
• Tyranny of the Libido, Christian Examiner OP ED.
The National Center for Law & Policy
Introduction/ Definitions.
• We live in dark days where: (See Isaiah 5:20)
•
-Evil is called “good” (darkness for light)
•
-Good is called “evil” (light for darkness)
•
-There’s a growing RADICAL culture gap (JudeoChristian biblical worldview (TRUTH) vs. neo-pagan
worldview of the culture (LIES)).
• Many churches: compromise, capitulation, & assimilation
• “Radical Narcissistic Existentialism”: We increasingly
see the rejection of transcendent & objective biblical truth
and the embracing of subjective relativism (the worship of
the self/idolatry (paganism))—reflected in new laws
protecting SOGI.
• “Moral & legal anarchy…”
The National Center for Law & Policy
How SOGI Threatens Religious
Freedom
• Radical Culture Shift: From “Tolerance” of Sexual
Liberty to the “Intolerance” of Religious Freedom:
– “Tolerance is a two-way street.”
• In the past 25 years the LGBT agenda has rapidly moved
from asking for “tolerance” of its “alternative lifestyle” to
essentially demanding that all citizens accept, affirm,
embrace, celebrate, & even promote sexual perversion.
• Should Sexual Liberty Trump Religious Freedom?
• No! Religious Freedom, including freedom of speech, is
explicitly protected by the 1st. Amend. to U.S.
Constitution; sexual “liberty” is only protected by state &
federal legislation (& new bogus SSM “constitutional
right”).
• See Why an atheist should mourn the loss of religious freedom (Op. Ed.
based on Dean’s debate vs. Freedom From Religion Foundation Pres.,
sponsored by the USD Philosophy Dept.)
The National Center for Law & Policy
•
•
•
•
How SOGI Threatens Religious
Freedom
Strategy & Progression of attack: (See After the Ball)
Culturally: (See Rules for Radicals, Saul Alinsky)
tolerance of alternative lifestyle
Media: widespread promotion of acceptance by
elites/propaganda
• demand for “equality” & “civil rights”
• Intolerant demonization of opponents (hateful/bigoted)
• Why Christian are Hated in America, OP ED
• Legally:
• sodomy laws struck down
• laws excluding gays from special protection in Cincinnati
•
•
•
•
Ohio and Colorado struck down (1994).
Domestic partnerships (marriage lite); marriage
SOGI: Anti-“discrimination” laws amended
Same-Sex “Marriage”: created by SCOTUS
Next?: polyamory/thought crimes/hate speech?
The National Center for Law & Policy
Introduction/ Definitions
• “[When push comes to shove, when religious liberty and
sexual liberty conflict] ‘I'm having a hard time coming
up with any case in which religious liberty should
win.’"
Chai Feldblum, EEOC Commissioner
• “A time is coming when the government will demand that
churches accept and promote an understanding of
sexuality and gender that directly opposes God’s Word.”
Dr. Jim Garlow, Lead Pastor at Skyline Church, La Mesa,
CA.
The National Center for Law & Policy
Obergefell: What just happened?
• Five attorneys at the U.S. Supreme Court acting, not
as judges, but, as a super-legislators, created a new
constitutional “right,” coercively imposing a divisive
same-sex “marriage” regime on all fifty states and “we
the people”!
• As a result, religious freedom is gravely threatened!
• "[W]e should expect [Obergefell] to inaugurate the
greatest crisis of religious liberty in American
history."
– Gerard Bradley, Notre Dame Law Professor.
• Real Issue: Are truth & reality (i.e. marriage &
sexuality) defined objectively (by God) or subjectively
(by man).
The National Center for Law & Policy
Dissent: Alito
• Religious Freedom?: “[Today’s decision] will be used to vilify
Americans who are unwilling to assent to the new orthodoxy. In
the course of its opinion, the majority compares traditional marriage
laws to laws that denied equal treatment for African-Americans
and women. The implications of this analogy will be exploited by
those who are determined to stamp out every vestige of dissent
(emphasis added)”
• Federalism & States rights: “The system of federalism established
by our Constitution provides a way for people with different beliefs to
live together in a single nation. If the issue of same-sex marriage had
been left to the people of the States, it is likely that some States would
recognize same-sex marriage and others would not….By imposing
its own views on the entire country, the majority facilitates the
marginalization of the many Americans who have traditional
ideas….But if that sentiment prevails, the Nation will experience
bitter and lasting wounds (emphasis added).”
• See, What the Supremes’ Marriage Ruling Means for you (July
2015 Freedom Forum; Christian News Journal).
The National Center for Law & Policy
How SOGI Threatens Religious
Freedom
• Over the past eight years, SOGIs have been invoked to
try to force Christian photographers, bakers, florists to
service same-sex ceremonies, even when doing so
violated their deeply held religious beliefs about sexuality
and marriage. They’ve been used to force Christian
printers to print offensive messages celebrating
homosexual behavior. SOGIs have been used to force
Christian owners of wedding venues to host same-sex
ceremonies, and Christian adoption agencies to place
babies with same-sex couples or be fined/go out of
business.
• Tightening the noose—the progression:
• Christian for-profit businesses & individuals (Mozilla CEO).
• Christian non-profit organizations (i.e. ministries &
colleges)
• Churches
The National Center for Law & Policy
Statement of Faith
• Statement of Faith: foundational document that clearly
•
•
•
•
•
•
states the church’s core beliefs.
Why: evidence of church’s beliefs if legally questioned
and protection from being forced to violate beliefs.
What:
Adopt a comprehensive/detailed statement of faith
– Tie to source of religious authority (Bible, creeds, etc.)
Include a statement on marriage, gender & sexuality
Include a statement on final authority concerning matters
of faith & conduct (who makes final call, i.e. pastor or
board).
– “Catch all” to address unforeseen circumstances.
Consider including a statement on the sanctity of human
life.
– Obamacare: if you don’t want to insure for
abortion, etc.
The National Center for Law & Policy
Religious Employment Criteria
• Employment Criteria: churches are currently exempt
•
•
•
•
•
from religious non-discrimination laws & the ministerial
exception allows churches to be exempt from such
provisions for ministerial employees involved in teaching
or explaining beliefs.
Why: clear employment policies will help protect you from
being charged with employment discrimination in the
future (i.e. hiring a gay youth pastor), especially if laws
change.
What:
Statement of faith & conduct: all employees should review
& sign
Agree (sign) that violating statement of faith/conduct is
grounds for dismissal (be consistent).
Have religious job descriptions, tying position to teaching
and explaining beliefs of organization and any limiting
grounds for position (i.e. gender).
The National Center for Law & Policy
Facility Use Policy
• Facility Use: churches are currently exempt from public
accommodation non-discrimination laws, however that
may change in the near future.
• Why: if you allow your buildings to be used outside of
normal business hours, a clear facility use policy will help
protect your organization from being charged with public
accommodation discrimination in the future (i.e. refusing to
host a same-sex wedding), especially if the laws change.
•
•
•
•
What:
Create a clear facility use policy
Identify the religious purpose of the building
Restrict facility use to those acting consistent with your
organization’s beliefs.
The National Center for Law & Policy
Formal Membership Policy
• Membership: churches are not required to have formal
membership
• Why: But organizations without formal membership may
be legally challenged if they exercise church discipline
(i.e. congregant engaging in a homosexual affair) because
they don’t have authority over non-members
• What:
• procedures for becoming a member, including statement
of faith
• member discipline procedures
• procedures for rescinding membership
• sign that they read, understand, and agree to terms.
The National Center for Law & Policy
Marriage Policy
• Marriage Policy: in addition to its statement of faith,
every church should have a comprehensive policy
regarding the types of marriages church and pastors will
sponsor or officiate.
• Why: though pastors are not currently required to
solemnize same-sex or polyamorous weddings, they
may be asked to do so in the near future and you want to
have a clear policy in place before that occurs.
• What:
• State that the church will only recognize, pastors will only
solemnize, and facility may only be used for marriages
between one biological man and one biological woman.
The National Center for Law & Policy
Protecting your ministry.
• Next Steps:
– Draft Your Church Policies (See ADF Handbook)
– NCLP Final Legal Review
– Adopt (Congregational vote) & Implement Policies
The National Center for Law & Policy
Some of our publications.
• Pastors, Pulpits & Politics: The Case for Clear
Biblical Moral Teaching
• 10,000+ copies distributed to pastors & ministry
leaders nationwide by Family Research Council,
Calvary Chapel Churches, etc. Profound impact
on pastors.
• Please take one, read it, & give it to pastors you
know.
The National Center for Law & Policy
Some of our publications.
Voter’s Guide for the Serious Christian
• 5 non-negotiable biblical issues
• Non-partisan guide—can be distributed in churches.
• Tens of thousands distributed nationwide.
• 1,000 PPPs & 1,000 V.G’s to Wash. for marriage battle.
• Emerging Threats to Home Bible Studies: pending.
The National Center for Law & Policy
Some Encouragement!
• Fear God, Not Man: walk in the power of the Holy Spirit in
•
•
•
•
courage & boldness. Be confident in the Truth!
Refuse to be Silent: Winsomely speak the Truth in Love
(Eph. 4:15).
Understand Spiritual Warfare: Recognize it’s a spiritual
battle & resist the enemy’s lies (propaganda) Ephesians
6:11,17
Civil Disobedience: Understand & be prepared for biblically
principled Christian civil disobedience (Acts 5:29)
-MLK: Letter from a Birmingham Jail (must read!)
Daniel Protocol: prepare for the continuity of the church if we
lose our pulpits & buildings (See Acts; NCLP Home Bible
Study booklet).
The National Center for Law & Policy
Some encouragement!
• GOD wins in the end & we win with Him! He makes all
things new!
• “This is the rock on which I will put together my church, a
church so expansive with energy that not even the gates of
hell will be able to keep it out [prevail against the church].”
Matthew 16:18 (Msg.)
• Don’t Give Up!: “Let us not become weary in doing good, for
at the proper time we will reap a harvest if we do not give up.”
Galatians 6:9
• Cultivate Hope & Joy!: we should be hopeful & joyful culture
warriors in this present darkness!
• The light shines in the darkness, and the darkness has not
overcome it. John 1:5 RSV
The National Center for Law & Policy
Protecting your ministry.
Questions?
The National Center for Law & Policy
To Contact the NCLP:
Faith ● Family ● Freedom
539 West Grand Avenue • Escondido, CA 92025 • 760-747-4529
www.nclplaw.org
© NCLP 2015
NOT LEGAL ADVICE: This information is purely a public resource of general information which is intended, but not
promised or guaranteed, to be correct, complete, and up-to-date. The matters discussed are not intended be a
source of legal advice, and the reader should not consider this information alone to constitute the formation of an
attorney-client relationship, should not rely on information provided herein, and should contact the NCLP if you have
any questions.