Black Lives Matter.
  • Skip to primary navigation
  • Skip to main content
  • Skip to footer

NC Council of Churches

Strength in Unity, Peace through Justice

  • Voices
  • About
    • Overview
    • Staff
    • Members
    • Covenant Partners
    • Issue Statements
    • Governing Board
  • Programs
    • Ecumenical Immigration Alliance
      • Ideas for Action
      • Sign Our Statement
      • The NC Sanctuary Coalition
      • Immigration Bible Study
      • Contact
    • NC Interfaith Power & Light
      • NCIPL Overview
      • Faith in Action NCIPL
      • NCIPL Articles
      • NCIPL Resources
      • Upcoming Events for NCIPL
      • Contact NCIPL
    • Partners in Health & Wholeness
      • PHW Staff
      • Mini-Grants
      • PHW Collaborative Pledge
      • The Overdose Crisis: The Faith Community Responds
      • PHW Articles
      • FAQs
  • Priorities
    • Racial Justice
    • The Overdose Crisis: The Faith Community Responds
    • Gun Violence Prevention
    • Public Education
    • NC Sanctuary Coalition
    • Farmworkers
    • Legislative Advocacy
    • Christian Unity
    • Peace
    • NC No Torture
  • COVID-19 Resources
  • Events
  • Resources
    • Publications & Reports
    • Raleigh Report
    • Lectionary
    • Sermons
  • Donate
  • Council Store
  • Show Search

Search NC Council of Churches

Hide Search

Religious Freedom or Using Religion to Justify Discrimination?

George Reed, Former Executive Director · April 2, 2015 · 2 Comments

Click here to sign up to receive the Raleigh Report in your inbox

Discussions in recent days of so-called religious freedom bills in Indiana, Arkansas, and now North Carolina raise issues – both legal and pastoral – which the NC Council of Churches has been addressing for many years.

The legal context

The first words of the Bill of Rights are the religious liberty clauses: “Congress shall make no law regarding the establishment of religion nor prohibiting the free exercise thereof.” The so-called Free Exercise Clause prohibits government from interfering in the practice of religion.

But constitutional rights are not absolute. So, for example, in the 1870s, the courts ruled that Mormons could believe that they were called to practice polygamy, but federal laws banning polygamy trumped the practice of polygamy even though based on sincerely held beliefs.

Over the years, the US Supreme Court established a standard for Free Exercise cases: Government could “substantially burden” someone’s practice of their faith only if there were a “compelling state interest” in doing so and if the limitation being imposed was the “least restrictive” manner of achieving that interest.

In 1990, the US Supreme Court replaced that standard with a must less restrictive one, i.e., it made it much easier for the state to infringe on people’s free exercise of religion. In response, Congress passed the Religious Freedom Restoration Act (RFRA) which did nothing more than restore the standards of substantial burden, compelling state interest, and least restrictive manner.

The US Supreme Court ruled that Congress couldn’t made the standards applicable to the states, but the Court left open the option of states adopting their own RFRAs. Several did; North Carolina did not.

Where the Council stands

In 1998, the NC Council of Churches adopted a policy statement entitled “Religious Liberty” in which we called for the “passage of a state law, comparable to the Religious Freedom Restoration Act, which would prohibit restrictions on religious freedom unless the state is using the least restrictive way to achieve a compelling state interest.”

Our concern, and that of many groups at that time, was that the change in Free Exercise standards would lead to significant limitations on religious liberty and could especially encourage discrimination against “small and/or unpopular religious groups.” The statement mentioned impacts on practices by, among others, Jehovah’s Witnesses, Native Americans, Orthodox Jews, and Muslims. The full statement contains helpful information on the history of Free Exercise cases, the possible ramifications of the loss of the compelling state interest standard, and recommendations for protecting religious liberty, including the passage of a “pure RFRA-like statute” in North Carolina. It also warned against exceptions in RFRA laws that would discriminate against one category of people, prisoners. Click here to read the full statement.

In recent days, state RFRAs have reappeared, but this time being promoted by people opposed to same-gender marriage and worried about its increasing legal and social acceptance. The concern that has been voiced is for people in the marriage “industry” – caterers, florists, wedding directors, etc. – who might be forced to provide wedding services to couples whose weddings are contrary to their religious beliefs. Such a law has brought widespread attention to the state of Indiana, and similar bills have been introduced in North Carolina.

The Council remains committed to the protection of religious liberty and remains especially concerned that there be protection from discrimination against adherents of small, uninfluential, and/or unpopular denominations and faiths. At the same time, over the decades, we have voiced our opposition to all forms of discrimination, including those based on race, gender, ethnicity, and sexual orientation. Click here to read our 1992 statement on discrimination based on sexual orientation.

As currently written, the North Carolina bills would permit discrimination based on religious beliefs, not just regarding sexual orientation, but also race/ethnicity, religion, and other factors. So, for example, a florist whose religious beliefs were in opposition to inter-racial marriages or inter-faith marriages or second marriages for divorced people would be permitted to use those beliefs to refuse to serve such couples.

While we continue to support the concept of a state law that is equivalent to the federal RFRA, the bills introduced recently in North Carolina differ significantly from the federal law in scope and impact. For example, the NC bills omit the word “substantial” in speaking of the burden imposed, and they refer to a government interest “of the highest magnitude.”

We will oppose any legislation which would permit religious beliefs to be used as a justification for discrimination.

A closing pastoral word

On a pastoral level, we need to acknowledge that there are people of faith who are hurting on this issue. There are conservative people of faith who find deeply held beliefs being challenged, even within their faith traditions, and who feel change in this area has come with great speed. There are people of faith who have spent much of their lives being discriminated against because of their sexual orientation, with at least some of that coming from within their faith traditions, and an end to that discrimination can’t come quickly enough.

As the Council did in 1992, we again encourage people of faith to engage across these divides, “believing that understanding and respect come out of sharing in community and being in dialogue.”

Filed Under: Blog, Raleigh Report Tagged With: Civil Discourse, Civil Liberties, Equality & Reconciliation, Good Government, Interfaith, LGBTQ, N.C. General Assembly, Race/Ethnicity, Religion & Society

George Reed, Former Executive Director

About George Reed, Former Executive Director

As I had hoped, I have spent more time reading books in my retirement. One recent read was Jon Meacham’s splendid biography of Thomas Jefferson. I resonated with something TJ wrote in a letter shortly after leaving the White House in 1809: “I am here [at Monticello] enjoying the ineffable luxury of being owner of my own time.” I can’t say that I am complete owner of my time, but I am really enjoying not being controlled by clock and calendar. Well, except when there’s a deadline for Raleigh Report.

Reader Interactions

More Like This

Raleigh Report: Sidetrack for photo voter ID
Raleigh Report: Flawed deal to resurrect Silent Sam
Path to Fairer Maps, Better Government

Comments

  1. AvatarWalter Rand says

    April 20, 2015 at 9:33 pm

    You should correct your minor misquotation of the First Amendment. In your second sentence you quoted “Congress shall make no law regarding the establishment of religion nor prohibiting the free exercise thereof.” The actual First Amendment starts with words which mean the same as what you quoted but are slightly different: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Yes, I’m being nitpicky. Hey, I’m a lawyer. Lawyers are picky about exact language.

    Reply
  2. AvatarFrank Farmer says

    April 5, 2015 at 9:47 am

    Thanks much, George, for making clear the distinction between the ‘pure RFRA’ concept of religious freedom, as embodied in our country’s Bill of Rights, and the current RFRA bill(s) under consideration in the General Assembly, which are potentially discriminatory.

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Anonymous comments or comments that target individuals will not be posted (please include your first and last name). All comments must be on topic and respectful. Comments will not be posted until they have been reviewed by a moderator. Comments do not reflect the positions of the NC Council of Churches.

Footer

Contact

NC Council of Churches
27 Horne St.
Raleigh, NC 27607
(919) 828-6501
info@ncchurches.org

Facebook

Partners in Health and Wholeness

Featured

Religious Freedom or Using Religion to Justify Discrimination?

Latest Tweets

It's a beautiful day in the Triangle. Are you getting ready for that spring weather? 🌿🌺🍀 We are too!! Go to our store and check out our amazing tank tops quoting our motto: "Strength in Unity, Peace through Justice." ncchurches.org/store… pic.twitter.com/oAZr…

About 15 hours ago

TOMORROW! Join us with Rev. Dr. T. Anthony Spearman on Faith Communities Supporting Democracy. There is still time to register. Follow the link >>> ncchurches.org/event… pic.twitter.com/RO2O…

Yesterday

Tomorrow! Make sure to register and join this important conversation on Climate and Health. bit.ly/LancetRSVP twitter.com/The_SEAP…

Yesterday

Action Alert!! The pro-LGBTQ Equality Act has been reintroduced into the new Congress, and the House is poised to vote later this week. Follow the link to sign the petition and tell your representative: Pass the Equality Act now >> act.faithfulamerica.…

About 2 days ago

Join us and @NCIPL this Friday for "The Faithful Work of Environmental Justice." We will discuss the importance of the environmental justice movement in NC, the realities of environmental racism, and more. Follow the link to register! ncchurches.org/event…

About 3 days ago

Follow @ncchurches

Latest Tweets

Dr. Julian's work was instrumental to the public health community. We carry his passion as we continue reckoning with our past so that we may continue building the beloved community. Learn more about Dr. Julian's legacy at pbs.org/wgbh/nova/ju…. #BlackHistoryMonth @novapbs pic.twitter.com/JJsm…

About 11 hours ago

Join Faith in Harm Reduction TODAY at 4 p.m. for the launch of their virtual Roundtable series! The first roundtable centers on the Black church and needs, opportunities, and challenges for harm reduction in that context. Register below: secure.everyaction.c… #MindfulTogether

About 14 hours ago

Do you still need access to health insurance coverage this year? Open enrollment through the health insurance marketplace began on Feb. 15 and ends on May 15. Visit @HealthCareGov to learn more about what this means and how to enroll: healthcare.gov/cover…

About 2 days ago

Pauli Murray's work was rooted in building community that affirms individuals through true equality and justice for all. Learn more about Pauli Murray by visiting the @PauliMurrayCntr Twitter page or website at paulimurraycenter.co…. #BlackHistoryMonth pic.twitter.com/klug…

About 3 days ago

Although Henrietta Lacks' cells revolutionized medical research, their use was done so without her consent. Her story highlights the racial inequities that have and continue to exist in our healthcare systems. Read more here: nature.com/articles/… #BlackHistoryMonth @nature pic.twitter.com/rJAt…

About 6 days ago

Follow @healthandfaith

Latest Tweets

RT @EPA EPA is proud to join our agency partners as we tackle the climate crisis and build a healthier, cleaner, more equitable future for all. Let’s do this! whitehouse.gov/brief…

About a day ago

RT @EPA Proud to be back! @EPA will be there every step of the way, as we tackle the climate crisis, advance climate justice, and create a healthier future for all Americans. twitter.com/WhiteHou…

About a day ago

RT @greenthechurch Tune into Environmental Defense Fund’s Instagram Live on Broadening & Growing the Environmental & Climate Justice Movement in celebration of #BlackHistoryMonth tonight at 6pmEST #EJ #Environmentalist #Environmental #ClimateChange #ClimateJustice #CleanEnergy #ClimateActionNow pic.twitter.com/hBfn…

About a day ago

RT @greenthechurch If you’re passionate about what we do and can bring something unique to the team, get in touch! Email a cover letter, resume, and writing sample(s) to jennifer@greenthechurch.org. pic.twitter.com/CE44…

About a day ago

RT @interfaithpower .@RepDebHaaland: "I can promise you that if I am confirmed as Secretary we will be guided by science." The Senate act quickly to #ConfirmHaaland to ensure @Interior has a leader to fulfill its mission to follow science & protect our #PublicLands for future generations.

About 2 days ago

Follow @ncipl

Latest Tweets

Copyright © 2021 NC Council of Churches · All Rights Reserved · Website by Tomatillo Design · Hosted by WP Engine