Should churches and religious organizations be able to hire and fire based on their religious principles? What if that means discriminating against federally protected classes?
The Seventh-day Adventist Church says yes, and they’re suing the state of Maryland for their right to refuse hiring a wide range of groups, from members of the LGBTQ+ community, to those who've remarried, and even pornography consumers.
Fire at Will
Earlier this month, the Maryland-based Seventh-day Adventist Church filed a lawsuit in Baltimore, alleging that the state’s anti-discrimination laws prevent them from hiring and firing employees in accordance with their faith-based ideals.
Maryland’s Fair Employment Act guarantees equal opportunity employment for all Marylanders. The Seventh-day Adventist Church says they should be exempt from that law.
Last year, Maryland courts narrowed religious exemptions in matters of employment, ruling that religion can only be considered in hiring employees who “directly further the core mission” of the church, widely interpreted as clergy as senior officials only.
But the church says that “all their employees are representatives of the Church and are responsible for sharing the Church’s faith with the world.” That means that their discriminatory hiring practices would extend not only to clergy and other employees in overtly religious roles, but even to employees and contractors in non-faith-based positions, like maintenance workers and support staff.
The Big List of Sins
According to the lawsuit, the Seventh-day Adventist Church believes that all employees should be baptized, tithe-paying church members, and must follow personal conduct standards that align with the church’s values. That includes avoiding the following:
- “Homosexual practices”
- Adultery
- Remarriage “without biblical grounds”
- Premarital sex
- Drug use
- Tobacco use
- Alcohol use
- Profanity use
- Pornography consumption
- Child sex abuse
Preventing them from hiring and firing based on those principles, they say, is nothing less than “excessive government entanglement with the Church’s internal religious decision-making.”
Right to Discriminate?
Should religious organizations be able to not hire a janitor because he or she is gay? Or an IT worker because they are divorced? The Seventh-day Adventists believe the answer is yes.
In their lawsuit, they say that “a critical component of [the Church’s] religious exercise that all their employees embrace the Church’s faith, support its religious mission, and share the faith with others.”
They also argue that in addition to being able to legally discriminate in the hiring and firing process, they should also be exempt from state investigations into allegations of discrimination against them “simply for practicing their sincerely held religious beliefs.”
At the heart of the matter is a simple question: where do the rights of the faithful begin and the rights of others end?
In that push and pull, who should win?
32 comments
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Tammy Lynn Breeden
James 4:10 God being the one true judge saying, “There is only one lawgiver and judge, he who is able to save and to destroy. But who are you to judge your neighbor?”
Matthew 7:1 Judge not, that you will not be judged.” This harkens to the idea that we should not judge others as we are not perfect and should rather focus on our own shortcomings and strive to better ourselves
Acts17:31 For he has set a day when he will judge the world with justice by the man he has appointed. He has given proof of this to everyone by raising him from the dead.”
Hebrew 9:27 Just as people are destined to die once, and after that to face judgment,
I could go on and on with these scriptures. But I think I made my point. You judge people the the Lord will judge you.
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Rev. MichaelRS
Well because there's probably a 7-Day Adventist who needs the job to support his family as well. So I not have that be the tiebreaker between two or more candidates for the position.
Also, maybe they would prefer not to support people not only outside their Community but that may be diametrically opposed to it. Maybe they don't want to hire an atheist or a Satanist.
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Stacey Owens
He that is joined unto the Lord is one spirit. The Lord is not Seventh-Day-Adventists, it's not holy or of the spirit of Yahweh, but of the world. He did not create Seventh-Day-Adventists as the Kingdom of God. It is a church building or organization of the world. So, its the kingdom of Seventh-Day-Adventists and since it want to sue, they're doing it of the world and not of the spirit. Why, what's of the flesh is flesh and the flesh of them agree. Because they are Masqurading as God. They didn't go before God and trust Him in Christ by faith. They choice to go before the law of the world. The world is caranlly minded and the world will not honor the law suit. The law of the world does not honor the will of God but the world. It honors it self, because its of the flesh. For God is a Spirit and they that worship Him must worship Him in spirit and in truth. They should have bought the case before God in Christ becase they are one. Amen.
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James Riggle-Johnson
I have 3 questions about this.
1) Why are Christians wanting to discriminate?
2) Does one constitutional right outweigh another constitutional right?
3) What happens when a company owned by atheists decides they do not want to hire a Christian or other religious person?
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Matthew Mastrogiovanni
Freedom of religion is your personal freedom to practice your faith. It's a personal thing. It doesn't give you the right discriminate against others, because they have their own freedom. If you want to run a legal business, you must follow the law. If you want to be selective on who's in your place of worship, your only recourse is a volunteer staff who are there to serve the church.
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Robert Gagnon
Once again it is their house and their rules, and that's a very strict house to be in if you don't meet their standards. Leave them be and stay away from them, I'm sure their parties suck anyway. Reminds me of second grade when there's always some unpleasant kid that runs to the teacher to force a certain group to play with them. Take the hint, you're not wanted.
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Nicholas J Page
Why would anyone work for the Adventists where they discriminate about your life style it has nothing to do with the company and it's the individuals right to a private life gay or not.
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Eugene T Rice
It seems unchristian to fire a porter because he takes a glass of wine with dinner. There is a great difference between saying "I think alcohol is harmful, therefore, I will not drink" and saying "I think alcohol is harmful, therefore, you will not drink". Maryland provides essential services to the Adventists and receives not a dime in tax revenue. Now the Adventists wish to place themselves above state employment law. What other laws do they feel entitled to violate? This is exactly what has turned the youth in this country against religion. Perhaps we should be just as concerned with being good Americans, as we are with being good Christians. I would argue that accomplishing the former, would better prepare us for the latter.
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arawngraalrd
This throws the whole of Equal Opportunity into question, and it's about time. Discrimination is unprofitable, but employers and employee must be free to communicate.
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Clay Serenbetz
The Seventh Day Adventists are demonstrating their hate for those who differ from them. Is that an appropriate mission for a Church? In my view, it's violates the tenants of their faith. They may do as they please, but this demonstrates their hypocrisy.
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Russel A. Kester
Clay, the Seventh-Day Adventists are not displaying hate as you write. They are staying true to their beliefs. A church environment is very different other environments. Even business operations owned and operated by churches should enjoy these rights without government interference. It's simply not that same as a capitalist out to make a profit.
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Clay Serenbetz
As I said the Adventists may do as they please. In my opinion, by doing so, they are only demonstrating their hypocrisy. Specifically, professing Christian love for their fellow persons, but practicing hate and division.
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Irvin March Cutler
I totally agree with the Seventh-Day Adventists. I applaud their move here as I believe these groups of unholy and other unnatural groups of people are trying to govern the rights of normal people. I personally am against any unnatural behaviors especially when using surgery to go against Gods will. Any group or company should have the right to hire and fire who they find goes against their standard.
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Reverend Paula Copp
Thank the deities you’re not judging anyone or anything…
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Elizabeth Jane Erbe Wilcox
A wonderful transgender friend of mine got her vaginoplasty today I don’t suppose you mean “that kind” of surgery? I have yet to come across any bible verse that calls it “unnatural” or “against god’s will.”
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James Riggle-Johnson
And this is exactly why we have anti-discrimination laws.
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Daniel Todd Kamm
Please.
Tax them or better yet sanction them financially and when they violate anti-discrimination laws and they will shore up or settle up legally pretty quickly.
Religious institutions may have certain privileges, but they are not beyond the law.
And they never should be.
If it's someone espousing the institutions teachings, like a preacher...that's one thing. If it's a secretary , book keeper, janitor or other doing his or her job it's something else.
There is a difference between the public sphere, the private sphere, and the no-accountability for a religious institution sphere.
And too many religious institutions are in the latter.
No pity here on this organization's poor corporate decisions.
As a Jew, I'd never work for them. But then they would fire me if I did .
Reb tk
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Colleen McAllister
As a former church secretary I assure you that it does matter what beliefs all employees of a church hold. As the first person that most people contact the secretary gives the first impression to outsiders. Even maintenance workers are often approached by others to inquire about the church and what it stands for.
As for taxes, churches do pay property, payrole, and income taxes.
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Rev. MichaelRS
Before you a form an opinion on this, put the shoe on the other foot;
Should the Metropolitan Community Church be forced to hire people who believe that homosexuality, transgenderism and the broader gender ideology is sinful?
Or should a mosque be legally sanctioned for not hiring Jewish workers?
Okay, so now tell us what you think about the position of the Seventh-day Adventist...
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Reverend Andrew
Also with that can a non religious employer not hire a religious person and can I not use 1 Timothy 2:12 and only Hire Men
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Rev. MichaelRS
Noooo, because this is a First Amendment issue dealing with freedom of religion and the "deeply held and established religious beliefs are they religious Institution.
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Russel A. Kester
The Seventh-Day Adventist church should have the right to hire or fire employees who do not align with the church's religious beliefs. They are correct that every employee is a member of its mission and subject to its doctrines. We can disagree with the church's beliefs or doctrines but have no right as a society to force it to employ those who are not in accord with them. To do so is overreach on the part of the government..
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Theresa C. Marquess
I totally agree that the Seventh-Day Adventist church should have the right not to hire people who are not in agreement with their tenets. I don't understand why a person who didn't agree with the church's doctrine would apply for employment with them, anyway.
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Irvin March Cutler
I agree with you especially your comment of why would anyone apply to an outfit that disagrees with your lifestyle. I think it’s mainly to stir up a hornets nest Which has a lot to do with our planets problems anyway.
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Reverend Paula Copp
I hasten to agree! Why on earth would any non-Seventh Day Adventist want to work in an openly hostile workplace? Why would any Seventh Day Adventist employer want someone who wasn’t a follower to work there? I don’t want to ever be in a place where I’m not wanted!
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James Riggle-Johnson
Because they are desperate to find a job? Because they are desperate to find a job? Why should it matter that a janitor believe everything they do? What are they afraid of?
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James Riggle-Johnson
Because they are desperate to find a job? Why should it matter that a janitor believes everything they do? What does cleaning a bathroom have to do with their religion? What are they afraid of?
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Matthew Mastrogiovanni
You don't understand why? Because people like to eat and have a roof over their heads.. So, sometimes any job will do.
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" but even to employees and contractors in non-faith-based positions, like maintenance workers and support staff."
"Should religious organizations be able to not hire a janitor because he or she is gay? Or an IT worker because they are divorced? "
Based on the above two quotes, my understanding of the issue is that the church wants to be able to hire or fire any employee who works directly for the church. If they are employed by the church in any context it's up to them to decide if they want to hire or not.
I take this to mean cleaning people, bldg maintenance people, electrical/carpenter/plumber contractors, lawn/snow removal; anything in and around their church.
I see no problem with the above; they should be able to hire whomever they want in the furtherance of their mission.
And I suppose that would mean that any member of their (or other) church that offers a service to the general public (cake bakers, anyone? Service/repair contractors etc can refuse to work for non-church members, it's their call as well) can pick and choose for whom they work. That happens even without the 'convenience' of religion: some people telegraph immediately that they will be difficult customers and experienced contractors pick up on this.)
So my point here, besides the fact that so many simply do not bother to read the entire blog or have problems comprehending the issue, is that a church should be allowed to hire/fire whomever they want. You have the exact same privilege when hiring people to work in or for you business or even in your home, or on your car, or your teeth, etc.
As some may know I lean hard into kkkrisfascism and make my feelings known. But in this case a an open mind can realize that things like churches should be able to be picky about whom they hire. No different than private religious schools deciding who they want in the classrooms.
JJ, we are agree here. Isn't it a nice feeling considering how often we disagree? Good post. :-) And I thought your reasoning here was clear and easy to follow.
That is because we are both using logic and intelligence instead of mystic woo woo and goat herder fairy tales. Follow my lead and before you know it you'll be a thriving, healthy and successful atheist because how these things are achieved are up to you, the economy and genetics.
P.s. although I haven't seen one in a long time, I used to get the biggest kick when I'd see a car with the bumper sticker, 'god is my co-pilot'.
For starters god never seemed like the kind of deity that would tolerate being a passenger (you're going too fast, you're going too slow, you're going too hell) and besides, I'd rather sit back and let that crazy ol god chauffeur me around. Talk about safe and fast!
Totally agree. At what point does the exclusion ability become nullified? If everyone that does not qualify has some personal right to force the issue then where does it stop? Do pedophiles have the inalienable right to work with children? Why does that exclusion become common sense, while churches or private groups are forced to yield to the unwanted. When personal rights are used as a weapon to impinge on everyone else it becomes a form of tyranny.