Understanding the Amendments to the Fayetteville Ordinance

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A Further Analysis of Chapter 119

Overview: On August 20, 2014, the Fayetteville City Council passed asexual-orientation and gender-identity nondiscrimination ordinance (Chapter 119). Proponents of the ordinance added two amendments to the proposal in an effort to alleviate some concerns over the measure’s unintended consequences. The amendments, however, fail to address many of the flaws in the proposal.

Church Property Amendment

Amendment 1: “Nothing in this Chapter shall be construed to require any religious or denominational institution or association to open its tax exempt property or place of worship to any individual or group for any ceremony or meeting, except for any activity or service that is supported in whole or part by public funds.”

Analysis: This amendment partly addresses one of the many ways Proposed Chapter 119 restricts religious liberty in Fayetteville. It generally prevents church property from being used, for example, for a same-sex wedding or reception. However, it fails to address the following:

  • Churches still face the threat of prosecution. This amendment does not exempt churches altogether. At best, it exempts church property. Churches can still be forced to employ a gay or transgender person for “secular” job positions (e.g. bookkeeper, receptionist, etc.). Even with this amendment,a church still faces the threat of criminal prosecution simply for wanting to employ people who share and abide by the faith that church proclaims.
     
  • Ministers still face the threat of prosecution, individually. This ordinance affects ministers who officiate weddings or ceremonies for non-church-members, because they are offering a public service. This amendment protects church property, but not the ministers employed by the church. This means ministers could still be forced to perform same-sex ceremonies on non-church property (e.g. a park, private wedding chapel, etc.). This opens ministers to the possibility of prosecution simply for declining to perform a ceremony contradictory their religious convictions.
     
  • Businesspeople are still open to prosecution. Across the nation, florists, bakers, photographers, wedding venue owners, and similar businesspeople have faced litigation and prosecution for declining to take part in same-sex ceremonies. This amendment does not protect religious businesspeople who object to hosting or serving in a same-sex ceremony.
     
  • Private schools are not exempted. This amendment does not protect a private school’s ability to employ people who share its religious views or safeguard any of its other religious liberties. 

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Who to Call if Your School Faces a Lawsuit Over Religious Liberty

Religious Freedom

Schools have been a religious liberty battleground since 1962 when the U.S. Supreme Court declared school-sponsored prayer off-limits. Over 50 years later the lines are still being drawn.

Conway public schools were targeted last year by the Freedom From Religion Foundation for their long-standing policy of allowing youth pastors to visit members of their youth group at school during lunch—just as other friends and family members of students are allowed to do. Thankfully, the Conway School District didn’t cave in to the anti-religious demands of this out-of-state group. They called my friend Kelly Shackelford at the Liberty Institute in Plano, Texas. Kelly and his team provided free legal help.  The Conway school district pushed back, and the youth pastors were able to keep visiting students at the school.

Public schools are not religion-free zones. Students don’t surrender their First Amendment rights of religious freedom just because they walk through the door of a public school building.  If some groups had it their way, prisoners in our jails would have more religious liberty than 7th graders sitting in a classroom.

There are several organizations with the legal expertise to help schools push back when threatened.  In most cases, this help is free. If you are a student, teacher, or school administrator facing the threat of legal action over alleged First Amendment violations, call one of the groups listed below.

For more information on religious liberty in public schools, click here.

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Come to a Pro-Life Rally Next Week!

Abortion, , ,

You are invited to a free pro-life rally next week!

On Friday, August 29, Family Council will join Family Research Council Action, Susan B. Anthony List, Concerned Women for America, and Students for Life of America for a pro-life rally in the Arkansas Capitol Building.

The rally will be held in the Rotunda of the State Capitol Building in Little Rock from 12:00 PM – 1:00 PM.

The goal of the rally is to draw attention to the federal Pain Capable Unborn Child Protection Act and urge Senators to support the bill and allow it to come up for a vote in the U.S. Senate.

This is commonsense, pro-life legislation that tracks closely with a law passed in Arkansas last year.

Confirmed speakers for the rally include Josh Duggar of Family Research Council Action; Jerry Cox of Family Council; and Laurie Lee of Susan B. Anthony List.

Click here to register for the event FOR FREE. If you have any questions about the rally, please call our office at (501) 375-7000. We hope to see you there!

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