ENDA and Religious liberty

There seems to be a lot of confusion about ENDA, the “Employer Non-Discrimination Act." ENDA makes it unlawful for an employer to “to fail or refuse to hire or to discharge any individual… because of such individual's actual or perceived sexual orientation or gender identity…”

From a Christian perspective we should admit that the Bible knows nothing of modern discussions about “sexual orientation.” Leviticus 18:22, for example, discusses behavior, not sexual identity: “You shall not lie with a man as with a woman; it is an abomination.”

Similarly, St. Paul, in his letter to the Romans, writes in terms of behavior, “For their women exchanged natural relations for those that are contrary to nature,” and “men committing shameless acts with men.” You could say that sexual orientation, on the other hand, is about temptation, and temptation by itself is not necessarily sin.

Therefore, if I were the president of a Christian College, or the CEO of a Christian charity, for example, I would have no problem hiring a homosexual as long as 1) he or she sincerely agreed with our doctrinal position including the sincere belief that having sex with someone of the same sex is an abominable sin before God, and 2) he or she had a long track record of abstinence from all such activity.

The problem is that under ENDA Christian organizations would not be allowed to make these qualifications. If an otherwise qualified history teacher, for example, applied for a teaching position, the Christian organization would not be allowed to turn the applicant down even if the applicant was a practicing homosexual and a radical gay rights activist. To require Christian organizations to hire people who disagree with their doctrinal position is not freedom of religion, it is tyranny!

Later, the Act goes on to discuss exemptions:

"(a) In General- This Act shall not apply to any of the employment practices of a religious corporation, association, educational institution, or society which has as its primary purpose religious ritual or worship or the teaching or spreading of religious doctrine or belief."

Under ENDA, lawyers for gay rights activists will argue that Christians Colleges and Christian schools are primarily for education of students (especially if the colleges are liberal arts colleges), and that the spreading of religious doctrine is not primary. These lawyers will argue that Christian charities are primarily about providing food and shelter or adoption, or counseling, etc., and are only secondarily about spreading Christian doctrine.

Christians will end up spending millions of dollars that could go for helping others or for education, just to defend themselves from endless lawsuits by gay activists whose hatred against Christianity knows no bounds. Many Christian organizations will simply go out of business because they can’t afford the litigation. And those who support Barack Obama are supporting this!

ENDA continues:

"(b) Certain Employees- For any religious corporation, association, educational institution, or society that is not wholly exempt under subsection (a), this Act shall not apply with respect to the employment of individuals whose primary duties consist of teaching or spreading religious doctrine or belief, religious governance, supervision of a religious order, supervision of persons teaching or spreading religious doctrine or belief, or supervision or participation in religious ritual or worship."

This means that in Christian schools, colleges, and charitable organizations, the only people ENDA exempts are those who actually teach religious doctrine or those who directly supervise them. It does not exempt teachers of English, science, history, social sciences, etc. Nor does it exempt administrators like directors or vice presidents.

So in other words, Christian Colleges, schools and charitable organizations will be forced by law to hire teachers and even upper level administrators who believe that sexual acts between people of the same sex is perfectly OK. If the homosexual employee later gets fired for promoting homosexuality, they can sue the organization for wrongful termination under ENDA. Whether they win or not, the Christian organization will spend a small fortune to defend itself and some will go out of business. And Christians who support Barack Obama are supporting this!
ENDA continues:

"Conformity to Religious Tenets- Under this Act, a religious corporation, association, educational institution, or society may require that applicants for, and employees in, similar positions conform to those religious tenets that such corporation, association, institution, or society declares significant…”

This sounds like it would allow employers to enforce a code of conduct but that doesn’t really resolve the issue. If a well qualified homosexual activist applied for a vice president’s position in a Christian organization, the organization would be forced by law to hire that person even if the applicant strongly opposed the organization's position on homosexuality.

Once hired, if the new employee began advocating for homosexuality on the job and were fired, they could sue the organization. Whether they won or not, it would cost the organization a small fortune to defend themselves. And those who support Barack Obama are supporting this!

Contrary to popular belief, ENDA does not exempt religious organizations. It exempts teachers of theology and preachers but not much else. It would have been a very simple matter for the author(s) and sponsors of ENDA--as a matter of religious freedom--to simply provide complete and total exemption for all religious colleges, schools, missions and charities. In fact, if the bill had been written to provide such exemptions, I doubt that it would receive much opposition from religious groups at all. But the sponsors chose not to provide such exemptions because they do not want religious organizations to be exempt.

Make no mistake about it—ENDA is an all-out full fledged attack on American religious liberty! And Barack Obama supports ENDA.

ENDA

I just received this e-mail from Tony Perkins and the Family Research Council:

FRC and pro-family Americans face a grave and immediate challenge-and we need your help now to defend our faith, families, and freedom.

Led by Senator Ted Kennedy (D-MA), Senate liberals are poised to renew their push for passage of a bill that will turn the federal government into a weapon to beat churches and employers into accepting homosexual behavior as normal-even good.

Under the Employment Non-Discrimination Act (ENDA), the government will no longer be a neutral observer. Instead, it will become a tool that homosexual activists will use-at taxpayer expense-to torment employers and co-workers who object to their lifestyle.

Please act now! Ted Kennedy and Senate Majority Leader Harry Reid (D-NV) could
bring up ENDA for a Senate vote soon!

If ENDA becomes law, the victims of its government-sponsored harassment churches, religious schools, and private employers-will have to choose . . . . .either abandon their religious convictions or face financial ruin defending themselves.

Some states already are tormenting private employers on behalf of homosexuals!
New Mexico authorities fined a wedding photographer nearly $7,000 because she
remained faithful to her Christian values rather than photograph a lesbian's
"commitment ceremony!"

Kodak fired a loyal 21-year employee who objected to pro-homosexual indoctrination and refused to attend "diversity" re-education.

Sandia National Laboratories forced Christian workers to remove Bible verses and Photos of their traditional families so that homosexual employees wouldn't be offended.

ENDA would create a federal version of these policies-and a national nightmare that would force people of faith to abandon their values . . . or face harsh discipline!

Your support for FRC now will help our respected, influential experts expose the
dangers of such legislation on Capitol Hill. ENDA has been stopped before. It must be
stopped now.

Click here to contact your congressperson.

UPDATE: I just sent the following e-mail to my U.S. Senator:

Please oppose the ENDA bill unless it is revised to provide total exemption for all religious organizations (schools, churches, synagogues, mission organizations, religious social service organizations etc).

The very limited protection for churches and schools in the current bill does not protect Freedom of Religion.

Mitt Romney and ENDA

According to One New Now, “On Meet the Press, Romney told host Tim Russert that although he originally said he would sponsor ENDA at the federal level, he changed his stance because the "policy makes more sense to be evaluated or to be implemented at the state level" (See also Christian Newswire).

ENDA, the Employment Non-Discrimination Act is, in reality, a religious discrimination act. It could force Christian schools and colleges, Christian camps, Christian charities, Christian missions, and in some cases, possibly even large Christian churches, to hire people who actively, unrepentantly, engage in homosexual sex.

ENDA may force people of faith to violate their conscience, violate the law, or shut down the organizations they operate (cf. the Catholic adoption agency in Massachusetts). ENDA is one of the biggest (if not the biggest) threats to freedom of conscience and freedom of religion in the history of the United States.

I wonder if those who support ENDA would also support bills requiring Christian organizations to hire those who pose nude for magazines, work as strippers, regularly get drunk, or have sex outside of marriage?

Don’t get me wrong. Most churches and Christian organizations would happily and rightfully consider for employment those who had engaged in such practices if they have turned from their sin to Christ. But forcing Christian organizations to hire those who continue to practice behaviors that their religion considers to be egregious sin should be viewed as an unconstitutional violation of freedom of religion.

Mitt Romney’s endorsement of this Act, even if only at a state level, is serious enough that I hope it causes many to withdraw their support from him in the primaries.