The Iowa Civil Rights Commission is
being sued for claiming it has the right to control the content of church
services that are “open to the public.”
The lawsuit filed by the Alliance Defending
Freedom on behalf of Fort Des Moines Church
of Christ is part of a nationwide battle against the implementation of
President Obama’s declared
foreign-policy priority in his final year in office: “gay” rights.”
At issue in the Iowa case are state
mandates that protect “transgender rights.” Among them are allowing men to
enter women’s shower rooms, dressing rooms and restrooms if they say they are
women, and banning statements in meetings “open to the public” that “might
cause individuals to believe that they are unwelcome because of their perceived
gender identity”
The lawsuit charges the mandates
violate the U.S. Constitution’s protections for free speech, religion,
expressive association, due process and the right to peaceably assemble.
Named as defendants are commission members
Angela Jackson, Patricia Lipski, Mathew Hosford, Tom Conley, Douglas
Oelschaleger, Lily Lijun Hou and Lawrence Cunningham, and city of Des Moines
Executive Director Kristen Johnson and Iowa Attorney General Tom Miller. The commission did not respond to a
WND request for comment.
The complaint, filed this week, is
clear. “This is a civil rights action to stop the commissioners and the
executive director of the Iowa Civil Rights Commission, the Iowa attorney
general, and the city of Des Moines from compelling an Iowa church to
communicate government messages to which it objects and from forcing the church
to use its building in violation of its religious beliefs.”
It explains the commission believes
its interpretation of state law allows it “to force churches to allow
individuals access to church restrooms, shower facilities, and changing rooms
based on his or her gender identity, irrespective of biological sex.”
The commission’s interpretation was
made clear in a guidance released in response to the question of whether or not
the transgender-discrimination requirements apply to churches.
“Sometimes,” the commission said,
“Iowa law provides that these protections to do not apply to religious
institutions with respect to any religion-based qualifications when such
qualifications are related to bona fide religious purpose.
Where qualifications are not related
to a bona fide religious purpose, churches are still subject to the law’s
provisions. (e.g. a child care facility operated at a church or a church
service open to the public).”
Explained the complaint, “The
commission’s interpretation grossly misunderstands the religious purposes and
beliefs of Plaintiff Fort Des Moines Church of Christ.”
The church holds worship, religious
services, Sunday School classes, Bible studies, youth-oriented activities,
annual vacation Bible schools, Easter activities, Christmas pageants and other
ministry events based on its religious beliefs.
“As a result, there are messages,
practices, and activities that the church would not sponsor, host, or otherwise
communicate because those messages, practices, and activities would violate the
church’s understanding of God’s truth. The activities that the church allows in
its facility must be consistent with the church’s understanding of God’s truth,
and must not present a message that contradicts the church’s understand of
God’s truth.”
As “biology, chromosomes,
physiology, and anatomy” all give evidence of the “maleness or femaleness …
designed by God,” the church believes it must provide for the “immutable trait
from which springs the natural and healthy desires for physical privacy and
modesty in states of partial or full undress, such as in restrooms, showers,
and changing rooms.”
Not only does the commission’s “open
restrooms” mandate violate the church’s rights, “the language of the act and
the city code are broad enough to include within that prohibition sermons,
theological expositions, educational speeches, newsletters or church worship
bulletin text, or other statements from the church and its leaders.”
“The church’s minister desires to
preach sermons addressing God’s design for human sexuality and the church’s
beliefs about ‘gender identity,’ but reasonably fears that if it were to do so
it would violate the act’s and the city code’s speech ban,” the complaint
explains.
The lawsuit seeks a temporary
restraining order and preliminary and permanent injunctions “restraining all
defendants … from enforcing or applying” the law to the church. A final
resolution would be a declaratory judgment stating the application of the
mandates to churches violates the Constitution.
ADF explained that “all events” at
the church have a “bona fide religious purpose.”
The organization explained: “The
speech ban could be used to gag churches from making any public comments –
including from the pulpit – that could be viewed as unwelcome to persons who do
not identify with their biological sex. This is because the commission says the
law applies to churches during any activity that the commission deems to not
have a ‘bona fide religious purpose.'”
The following is a WND/Radio America
interview with ADF legal counsel Christiana Holcomb on the issue:
http://www.wnd.com/2016/07/government-claims-power-to-control-content-of-sermons/#!
Comments
The
Supreme Court opinion on Gay Marriage was unconstitutional. LGBT is not a protected group. The Iowa Civil
Rights Commission should lose this suit.
Norb
Leahy, Dunwoody GA Tea Party Leader
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