Maintaining our Christian Witness in Christian Education

Threats from Proposed Legislation

“There can be a conflict between religious liberty and sexual liberty, but in almost all cases the sexual

liberty should win....”

CHAI FELDBLUM Commissioner, Equal Employment Opportunity

Commission (EEOC)

Transgender student’s lawsuit ends with $75K award, order telling

Orono schools to allow bathroom access

Codes of Conduct in jeopardy

• Can you really expect your students to adhere to a biblical sexual ethic — if enforcing adherence is considered discrimination?

What are HB1510/SB974?

• Proposed addition of sexual orientation and gender identity into our non-discrimination laws

Historically religious employers were given space to be religious

However, this takes away your space

• The term "employer". . . does not include religious . . . corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations. The term "employer" with respect to discriminatory practices based on race, color, age, sex, sexual orientation, [or] gender identity or expression . . . includes religious . . . corporations and associations employing four or more persons. . . .

Courts will begin treating schools as public accommodations

• The term “public accommodation, resort or amusement” means any accommodation, resort or amusement which is open to, accepts or solicits the patronage of the general public, including but not limited to . . . kindergartens, primary and secondary schools, high schools . . . and all educational institutions under the supervision of this Commonwealth . . . but shall not include any accommodations which are in their nature distinctly private.

Ways the public accommodation rules will affect your school

What happens when you mix these two?

• The term “gender identity and expression” means actual or perceived gender identity, appearance, behavior, expression or physical characteristics whether or not associated with an individual's assigned sex at birth.

• It shall be an unlawful discriminatory practice . . . [f]or any person . . . to . . . withhold from . . . any person because of his race, color, sex, religious creed, sexual orientation [or] gender identity and expression . . . any of the . . . facilities or privileges of such public accommodation. . . .

Consider these applications

• Lockers, showers, or restrooms

• Participation on sports teams

• Dress consistent with a person’s gender choice

• Acknowledgement of that person’s non-biological gender, including use of pronouns

Legislators told this won’t happen—“religious liberty” is protected

• Section 5.4. Protection of Religious Exercise.--(a) Nothing contained in this act . . . shall be interpreted to:

• (1) Prohibit any religious entity from determining the tenets of its faith, or from expressing those tenets, if such prohibition would violate the freedom of speech or free exercise of religion guaranteed to the religious entity by the Constitution of the United States or the Constitution of Pennsylvania.

• (2) Require any individual or religious entity to engage in conduct prohibited by or inconsistent with the tenets of its faith, if such requirement would violate the free exercise of religion guaranteed to the individual or religious entity by the Constitution of the United States or the Constitution of Pennsylvania.

What can you do?

» Statement of Faith » Religious Employment Criteria » Facility Use Policy » Religious Mission Statement» Code of Christian Conduct» Emphasize Religious Character» Admissions Procedures» Religious Instruction » Handbooks Page» Disciplinary Procedures

But please don’t stop there

• Our legislators must hear your concerns—before it’s too late.

Speaking to legislators isn’t difficult

• Most of the time they want to please everyone, particularly educators

• Email is ok

• Phone is better

• Visits are better yet

• And a planned visit as a group is best

What might we say?

• We all want to live in a kind, respectful society

• But the so-called Fairness Act would be unfair and unkind rather than helpful

• This act would destroy the independence of Christian schools

What might we say?

• Even justice Kennedy recognized that people of goodwill support traditional marriage and that we should be free to teach these values

What might we say?

• Be ready to address key objections

• And there’s no real religious protection in the bill

For more information—including access to this webinar—please visit

www.acsipa.org