Religious Liberty Expert, Business Leaders Weigh In On Local SOGI Ordinance
Carmel, Ind.—Religious liberty expert Peter Breen outlined real and potential concerns facing citizens across the country and locally as new sexual orientation and gender identity (SOGI) ordinances advance.
Breen’s June 18 presentation, entitled “Religious Freedom in the Workplace,” was followed by a panel discussion of local business people and community leaders. The event was hosted by the Gospel of Life Council at Our Lady of Mt. Carmel Parish in Carmel, Ind.
Breen gave an overview of religious liberty and various SOGI legal cases around the U.S. Local business and community leaders shared their concerns about uncertainties that a local ordinance in Carmel has created for people of faith, private businesses and religious institutions. According to Breen, uncertainties are being created across the country as local governments pass similar ordinances.
The current trend to create or expand SOGI legislation may be moving Christians into a “second class citizen’s status,” said Breen, as Christians’ ability to exercise their faith freely is encroached upon.
Breen, who serves as special counsel to the St. Thomas More Society, a national public interest law firm in Chicago, said one obstacle to protecting religious freedom is the way people define the free exercise clause. “The Catholic Church has a very robust idea of free exercise,” said Breen. He said that the proponents of SOGI legislation believe that freedom of worship applies to what is done behind the four walls of the church. “Christianity requires going forth to preach the Gospel to all nations,” said Breen. “We can’t do that behind the walls of the church.”
Breen also highlighted a key difference between the current debate over marriage, gender dysphoria, abortion and religious freedom and the debate from years ago; the difference involves the basis of reason. Supporters of abortion and SOGI ordinances “no longer feel constrained to argue from reason and truth,” said Breen. “In the Catholic Christian tradition, we have always said that our faith builds on reason. We are the ones talking about science and biology.” Breen said this difference creates challenges in framing or engaging in dialogue on these issues.
Breen’s presentation was followed by a panel discussion of business and community leaders. In addition to Breen, panelists included Mark Titus, COO, Schneider Corporation, an Indianapolis telecommunications company; Neil Rafferty, Guerin Catholic High School business instructor and private practice attorney; and Luci Snyder, former Carmel City Council member who served on the council when the local ordinance was passed.
Snyder said that one of the problems with the Carmel ordinance is that the terms “gender identity” and “presentation” are not defined, and missing definitions of these terms are “movable, very movable.” Snyder said that the ordinance doesn’t make any distinctions between, for example, a Christian adoption nonprofit and a beauty parlor; nor does it provide exemptions. Snyder said she had hoped for a longer debate, so that some of these concerns could be clarified or addressed, but once emotion entered the debate; the chance of improving the language was “doomed.”
The city of Carmel SOGI ordinance passed Oct. 5, 2015, and grants the Carmel city's attorney the discretion to issue a warning or a fine up to $500 for the first offense of discrimination against a member of the LGBT community. Additional offenses can be fined up to $500 daily until the act of discrimination has been resolved. Breen said that when we have a significant change on a social issue, it should not be done on a 4-3 vote.
Panelists were asked what potential impact the ordinance could have on their businesses. Mark Titus said this could cause him to be in a position to violate his beliefs or limit how he operates his life and business, or could cause him to reevaluate what types of business he and others go into. Titus said these kinds of ordinances are chipping at the “core values” Catholics share.
Neil Rafferty said one of the things that attracted him to teaching at Guerin Catholic was that he could teach about the truths of the faith in unison with the magisterium of the Church and impart a “strong Catholic identity.” Rafferty said one of his concerns about the ordinance is, if there is a teacher whose lifestyle does not conform to the teachings of the Church, the school may have to keep that teacher. Rafferty said he’s also concerned that the ordinance might require them to “water down” what can be taught in the classroom. Finally, he’s concerned about the type of messaging an ordinance like this sends to the youth. Rafferty said, “Young people are very impressionable. When Carmel is telling you, the state is telling you and the President of the U.S. is telling you ‘Catholics are wrong,’ that’s hard to resist.”
Snyder said that the City Council did not discuss the kinds of accommodations businesses would have to make as a result of this ordinance. Snyder explained that anyone who owns or runs a business knows there are times when some clients are turned down or certain projects or jobs don’t happen for reasons that have nothing to do with a person’s sexual orientation or gender identity. Now, however, if a business refuses to serve a problem customer or do a job they don’t want to do, and the customer happens to fit into a protected class, that business could be fined if a complaint is filed.
When asked how people of faith and/or business owners should respond to SOGI ordinances, members of the panel offered the following responses. Breen said he gets asked this question “all the time” and said, “I don’t have a good answer.” With regard to the Carmel ordinance, where the “city attorney is the judge, jury and executioner,” Breen said it’s hard for him to say how this is going to go, and it may change depending upon who holds the position of city attorney.
Synder said, “We have inalienable rights, and the free exercise of religion is one of them. You have to be able to exercise your religion.” Snyder encourages people to create an email group of a couple lawmakers, congressional, state, and local city council members, and email them thoughts every week. She encourages citizens to build a “courteous” relationship with at least one of them, and to share concerns on a regular basis.
Denise McGonigal, Director of Religious Education for Adults at Our Lady of Mt. Carmel, said she and others often struggle with how to respond to the labeling. “If you have a moral problem with gay marriage, you’re considered anti-gay or a bigot,” said McGonigal. “I’m not anti-gay; I have a moral problem with gay marriage.“ In response to McGonigal, Breen said that it’s important to recognize that disagreement is not discrimination. “Discrimination is wrong, but what we do is not discrimination. What we do in the Catholic Church, in our Catholic schools, in our dioceses. We are not discriminating, period.” Breen said if you are confronted or labeled as being discriminatory, “You need to stop and address that right away. Don’t let that go unchallenged.”
Glenn Tebbe, executive director of the Indiana Catholic Conference, who serves as the official representative and spokesperson for the Catholic Church on public policy matters, said that currently, there are 20 local SOGI ordinances in the state of Indiana. Tebbe said, “Religious freedom requires the opportunity to live and conduct one’s private and public life in accord with one’s conscience and faith. Disapproval of one’s conduct or lifestyle should not cause us to shutter our institutions or ministries. Private business owners need the freedom to follow their conscience without threat of penalty.”
For more information on the Religious Liberty issue visit the USCCB Fortnight for Freedom initiative at http://www.usccb.org/issues-and-action/religious-liberty/fortnight-for-freedom/ or visit the Thomas More Society at www.thomasmoresociety.org .
Editor’s note: During the annual legislative session in Indianapolis, Ayer serves as the statehouse correspondent for Indiana’s Catholic newspapers. This report is provided by the Indiana Catholic Conference.
