The 3 - July 18, 2021

This week's edition of The 3 includes appeals court action that was favorable to Christian student groups on a university campus who wanted to make sure their leaders affirmed the Christian faith. And, a full appeals court upheld the "ministerial exemption," giving a religious organization the right to determine its own employment policies. And, a well-known evangelistic organization has received positive action in the case of a UK city that banned signage promoting one of its events.

Appeals court finds university was wrong to prevent Christian group from selecting leaders based on faith

Christian groups at the University of Iowa have encountered a double standard at the school, and courts are attempting to straighten out the mess. The Christian Post reported that a three-judge panel of the United States Court of Appeals for the Eighth Circuit ruled in favor of InterVarsity Christian Fellowship and InterVarsity Graduate Christian Fellowship, which were not permitted by the university to choose their leaders because of Christian faith standards.

This is the second similar ruling by the appeals court - a three-judge panel had ruled earlier this year that the school unfairly discriminated against Business Leaders in Christ, "which turned away a student because the student, who was openly homosexual, did not want to adhere to the group’s statement of faith."  Interestingly enough, as the Christian Post points out, the gay student then formed a group that "requires its members and leaders to sign a ‘gay-affirming statement of Christian faith,’” according to the judge who heard the InterVarsity case.  The university did not take action against that group.

In the InterVarsity case, according to the Post:

Circuit Judge Jonathan A. Kobes authored the panel opinion, concluding that he was “hard-pressed to find a clearer example of viewpoint discrimination.”

“Of course, the University has a compelling interest in preventing discrimination. But it served that compelling interest by picking and choosing what kind of discrimination was okay,” wrote Kobes.

“Basically, some [registered student organizations] at the University of Iowa may discriminate in selecting their leaders and members, but others, mostly religious, may not. If the University honestly wanted a campus free of discrimination, it could have adopted an ‘all-comers’ policy …”

Church autonomy in hiring and firing upheld in appeals court ruling

The ability of a church or ministry organization to determine its employment criteria and practices was the key issue in a recent case before the United States Court of Appeals for the Seventh Circuit recently, the totality of which reviewed a ruling by a three-judge panel of the court in the case, Demkovich v. St. Andrew the Apostle Parish. The panel had ruled against the Archdiocese, which was the defendent in the case.

Liberty Counsel reported that the court "ruled in favor of a Roman Catholic church in Chicago after a former music director sued the church when he was fired for violating Catholic doctrine and his employment agreement by entering a same-sex union. The court ruled that the First Amendment protected the church’s freedom to hire and fire the music director under the 'ministerial exemption,' and that the court had no business adjudicating claims regarding a 'hostile environment.'”

The website states:

Liberty Counsel Founder and Chairman Mat Staver said, “This court decision upholds First Amendment ‘ministerial exception’ that prevents the government from interfering with churches and religious organizations with respect to certain employment decisions. The Supreme Court also has held that these decisions regarding employment are protected under the ‘ministerial exception’ in order to safeguard the autonomy of religious organizations."

Violating religious freedom may cost the government - UK case rewards Franklin Graham and his organization

We have seen governmental entities who have been directed to pay churches for violating their religious freedom for their overreach in COVID-19 regulations. Now, in a story out of the UK, a city has admitted its wrongdoing in the promotion of an event involving evangelist Franklin Graham.

The BillyGraham.org website reported that:

The case centers on the Billy Graham Evangelistic Association’s Lancashire Festival of Hope, which took place in Blackpool, England, in 2018. Simple bus ads that read “Time for Hope” were taken down because of Franklin Graham’s religious beliefs on traditional marriage.

In April, a U.K. judge ruled that Blackpool Borough Council and Blackpool Transport Services Limited were wrong in their decision to remove the advertisements, which she determined violated the Equality Act and the Human Rights Act.

In addition to a public apology, the city agreed to pay 70,000 pounds, or over $96,000, plus "(plus an amount to cover applicable tax) to cover legal costs incurred by the Festival, and, as the BGEA says, "most significantly," 25,000 pounds, or over $34,000, in "'just satisfaction' damages," which the Association says is "a clear message that this type of treatment to Christians will not be tolerated."

Franklin Graham said, “This is an important moment for religious freedom in the U.K.,” adding, “We’re grateful to God for the final outcome of this case, and for what it will mean for churches and Christians across the U.K. in the years ahead.”