« Pyramid or Ponzi? |
Main
| Reign of Safire Ends »
January 25, 2005
Civil rights reform in Illinois
Illinois Gov. Rod Blagojevich signed SB 3186 into law Friday without much fanfare in mainstream or alternative media, which is a shame given its significance. The law prohibits discrimination based on sexual orientation in employment, housing, public accommodations and credit. Although the law reaches much further than federal civil rights legislation, Illinois is not necessarily unique. There are 13 other U.S. states, in addition to the District of Columbia, that have non-discrimination laws protecting homosexuals (and transexuals).
What makes Illinois unique is that unlike most municipal prohibitions on sexual orientation discrimination, Illinois does not expressly exempt religious organizations from their coverage. What does this mean, practically speaking? The bill may very well compel religious organizations to set aside convictions about homosexuality when hiring clergy and other staff.
No matter where you find yourself on homosexual civil rights, it seems reasonable to expect that religious organizations (and indeed homosexual groups) should have the freedom to choose who they want to lead them, and who they wish to associate with. The bill will be challenged in court and its fate remains uncertain, but so too does the fate of religious freedom in Illinois.
Posted by Joshua Claybourn at January 25, 2005 12:56 PM
Aren't there already laws that prohibit discrimination based on gender? (Or did they exempt churches?) I don't see how those laws have been interpreted to force churches to hire female pastors. What's the difference here?
Chruches should be exempt in hiring for leadership positions that significantly relate to spiritual leadership and formation. Churches should not necessarily be free to refuse to hire homosexual janitors, treasurers, etc., perhaps.
Posted by: Joel Thomas at January 25, 2005 01:25 PM | permalink
Churches are definitely exempt from all of that, since the Free Expression of Religion trumps the state law (there was a Utah case about this in the SC). Personally, I'm for prohibiting discrimination based on sexual orientation, but definitely not in the church context. If a church wants to be closed-minded (IMO...YMMV), that's it's own God-_______ed (FITB depending on your views) business.
Posted by: A Steve at January 25, 2005 03:48 PM | permalink
I think you're right Steve, but wasn't the Utah case about equal access to school facilties? The one I'm thinking of is East High Gay/Straight Alliance v. Board of Education. Is that the one you are? It's not directly on point, but I think it'd still apply to this state law, as you say.
Posted by: Joshua Claybourn at January 25, 2005 03:55 PM | permalink
What did civil rights used to mean as a descriptive term. Ans. They are rights against the government. What does the term now mean?
Posted by: Anonymous at January 25, 2005 04:31 PM | permalink
It has always been my understanding that if a certain trait is a bona fide occupational requirement (BFOR), then the hiring body can restrict its hiring pool accordingly.
Posted by: Foltz at January 25, 2005 04:40 PM | permalink
I think your concern is overblow. Its similar to making a big deal out of the guy who wanted to be a Hooters waitress, and so he sued Hooters.
Most people won't become Pastors at a church that doesn't accept them just because the law may now allow it.
Posted by: John at January 25, 2005 04:54 PM | permalink
I do hope that's sarcasm John. If you're serious you obviously have lived under a rock for the past decade concerning the Catholic church, Episcopalians, Methodists, and just about ever other denomination. . . all of which have had rather high profile (and numerous low profile) challenges to church bans on homosexual clergy by homosexuals who wish to fill those roles.
Posted by: Joshua Claybourn at January 25, 2005 08:10 PM | permalink
The United Methodist Church does officially ordain and appoint celibate homosexuals to be clergy, as the church doesn't consider homosexual orientation to be sinful.
Posted by: Joel Thomas at January 25, 2005 08:51 PM | permalink
This just puts the onus on the Church to go to court, and they'll doubtlessly get all kinds of good publicity out of it (that's what they'll think, anyway). Everyone wins.
Posted by: jpe at January 25, 2005 10:44 PM | permalink
Absurd. This is just the beginning of state-imposed "tolerance." Good post Josh.
Posted by: Eric at January 25, 2005 11:08 PM | permalink
Absurd. This is just the beginning of state-imposed "tolerance." Good post Josh.
I believe that began with the end of segregation, but I could be mistaken.
Posted by: Foltz at January 25, 2005 11:30 PM | permalink
I believe that began with the end of segregation, but I could be mistaken.
Concerning the church, you are wrong. And let's be clear on the definition of the word, "tolerance." When the state forces a church to accept sin in the face of their own Biblical views, they call it "tolerance." I call it facism and it's just the beginning.
See the Liberal party for further clarification.
Posted by: Eric at January 26, 2005 07:01 AM | permalink
Concerning the church perhaps, as I still wouldnt take a black friend to a Southern Baptist event, but when it comes to employement I'll stick with the end of segregation. Although you could argue other starting points.
When someone actually files a lawsuit that has a chance of winning to force a church to hire a gay or female member of the clergy I would be outraged right along with you.
Posted by: Foltz at January 26, 2005 07:52 AM | permalink
The Alliance Defense Fund seems to think that the is an amendment to an existing law and the amendment while adding sexual orientation DOES NOT remove the basic exclusion for churches. I've posted links to their press releases at my site.
Posted by: John at Blogotional at January 26, 2005 12:42 PM | permalink
Laws such as this one in Illinois would not cause a problem in a biblically structured and regulated church, in which all of the unbiblical trappings of institutionalized religion have been abandoned.
As long as so-called Christians make their "churches" into business organizations by erecting and maintaining buildings and accommodations for full public access, incorporating themselves with the secular state, filing with the IRS for tax exempt status, and insisting on maintaining a permanent, full-time "staff" of career "clergy" and other employees, then they will have to bear the consequences of regulation and oversight by heathen governments, which will only become more oppressive and demand more concessions as time goes by (you just wait and see, if you don't believe it).
Posted by: Stuart DiNenno at January 26, 2005 01:44 PM | permalink