Iowa Civil Rights Commission amended its brochure titled ‘Sexual Orientation and Gender Identity Public Accommodations’ last month after two churches filed lawsuits, contending the state was attempting to override transgender restroom rules in churches and forbid pastors from preaching about sexuality.

The pamphlet originally stated that the state’s anti-discrimination law is occasionally applicable to churches, especially when such houses of worship are not being used for bona fide religious purposes. However, this interpretation of the law was perceived as a de facto ban on free speech, as it outlawed pastors from speaking about sexual morality.

According to Iowa’s law, it is in fact unconstitutional to discriminate against LGBT individuals, which means that they cannot be made to feel unwelcome, unacceptable, objectionable or unsolicited. This has been the case since Iowa Code Chapter 216 was broadened in 2007 to include gender identity and sexual orientation in its list of protected classes. The legislation also mandates that places of public accommodation must allow transgender individuals to use restrooms and locker rooms.

The commission’s brochure condemned illegal harassment and intentional use of names and pronouns that are inconsistent with a person’s presented gender.

Soon after the commission released its pamphlet, Alliance Defending Freedom sued the state on behalf of Fort Des Moines Church of Christ, arguing, “The Act’s and the (accompanying Des Moines) City Code’s imposition of sanctions on public statements—that may be viewed as unwelcome in violation of the speech ban—places a direct and substantial burden on the Church’s right of Free Speech, including the Church’s freedom to teach its religious beliefs regarding God’s design for human sexuality and to publicly distribute and implement its restroom and shower use policy.”

ADF further stated that the commission’s statutes were unconstitutional as it used unclear terms that have no established legal meaning.

Cornerstone World Outreach in Sioux City too sought help from First Liberty Institute to file a lawsuit the following day, urging the commission to change its policy so it would not apply Iowa Code 216 against churches and pastors.

Christians have obviously criticized the brochure.

“It doesn't take a law degree to see how the application of this law can be a threat to religious liberty,” Tony Perkins, president of Family Research Council, said in a statement. “I don't know about you, but most church services I have attended were open to the public… Did the Last Supper qualify as a religious event? What about the feeding of the five thousand?”

“It is quite evident that the Iowa Civil Rights Commission is out of control,” blogged interim pastor Shane Vanderhart on Caffeinated Thoughts. “So basically they’re saying any time the church holds an activity that according to the Iowa Civil Rights Commission does not have a ‘bona fide religious purpose’ then a transgendered person who is a biological male must be allowed to use the women’s restroom and vice versa. Apparently, it would be considered ‘harassment’ if a pastor or teacher in the church used the wrong pronouns. They write ‘intentional use of names and pronouns inconsistent with a person’s presented gender’ is harassment. Really? This is illegal?”

“If pastors don’t stand up now, they may soon have to break the law in order to preach the Word,” said Family Policy Institute of Washington in a statement.

Following such unexpected backlash, Iowa Civil Rights Commission announced that it had revised its brochure; which now states that all places of worship, including churches, mosques and synagogues are generally exempt from the state law prohibiting discrimination—unless, of course, one such religious body engages in nonreligious activities that are open to the public. For instance, the law would still apply to an independent polling booth or day care facility that happens to be situated on the premises of a particular house of worship.

The commission’s executive director, Kristin Johnson, said the revision replaces practices that have been in place since 2007 by clarifying how religious activities at churches are exempt from the Iowa Civil Rights Act, and the Iowa Civil Rights Commission will not be pulling up pastors on these grounds.

“The Iowa Civil Rights Commission has never considered a complaint against a church or other place of worship on this issue,” said Johnson. “This statute was amended to add these protected classes (sexual orientation and gender identity) in 2007 and has been in effect since then. The Iowa Civil Rights Commission has not done anything to suggest it would be enforcing these laws against ministers in the pulpit, and there has been no new publication or statement from the ICRC raising the issue. The Commission regrets the confusion caused by the previous publication.”

Iowa Governor, Terry Branstad, lauded the revision and said that the commission did not intend to infringe upon religious liberty.

“I think they wanted to clarify the law and make it clear that they have no intention of going after people for exercising their freedom of religion,” he said.

Despite Branstad’s politically correct response, Christians have continued to voice their reservations against the brochure. 

“We’re taking the state at its word that it will not encroach on the church in any way,” said Chelsey Youman, chief of staff & counsel for First Liberty Institute, in a statement. “However, if it does in the future, we stand ready to use the full force of the law to protect the church’s free exercise of religion and free speech under the Constitution.”

“I accept the Iowa Civil Rights Commission’s public apology, with clear reservations,”
Cornerstone World Outreach pastor, Cary Gordon, said. “We will continue to monitor their activities and stand ready to defend all churches at any time.”

“What remains is still vague and alarming,” said Perkins. “What constitutes ‘non-religious activities,’ and who decides what those are?”

ADF went so far as to dismiss the commission’s revised brochure, saying such modifications could not possibly change ‘bad legislation’ and so it would not withdraw the lawsuit just as yet.

“Cosmetic changes to the alarming language in one brochure won’t fix the unconstitutionality of the Iowa Civil Rights Act,” ADF legal counsel Christiana Holcomb said. “Churches should be free to communicate their religious beliefs and operate their houses of worship according to their faith without fearing government punishment. The Iowa Civil Rights Commission had no constitutional basis for including explicit threats against houses of worship in any of its materials… No state or local law should threaten free speech and the free exercise of religion as protected by the First Amendment. Because the Iowa law does that, ADF will continue to challenge the law to bring certainty to Iowa churches.”

The council’s brochure was cited last year as well in a National Review article, warning of possible financial losses for churches that refuse to officiate same-sex marriages, after the Supreme Court legitimized such unions nationwide. The brochure’s controversial wording has often been cited by Christians as a prime example of existing codified attacks on religious freedom that are not merely limited to devout individuals refusing services to same-sex couples because of their sincerely held personal beliefs.

Photo Credits: USA Today