No Exemption for Churches From Proposed Fayetteville Ordinance

We have written about Fayetteville’s proposed nondiscrimination ordinance and its unintended consequences–particularly where churches are concerned.

In particular, churches could face criminal prosecution if they:

  • Refuse to hire a gay or transgender person to fill a “secular” staff position;
  • Decline to let a same-sex couple use their property for a same-sex ceremony or reception.

A few of you have asked about the amendment adopted at last week’s meeting supposedly exempting churches from the ordinance. Here is how the amendment reads:

“Nothing contained in this chapter shall be deemed to require any religious or denominational institution or association to open its sanctuary or chapel to any individual or group for any ceremony including, but not limited to, weddings, funerals, confirmations, or baptisms.”

Here is the problem: The amendment only exempts the church sanctuary or chapel, and only for “ceremonies.”

A church could still be forced to open its sanctuary for non-ceremonial meetings–if the church lets other groups use its sanctuary for meetings.

The church could still be forced to open other parts of its property–such as the fellowship hall, classrooms, outdoor lawns or gardens, additional auditoriums, and so on–for ceremonies or receptions.

To put it another way, the ordinance does not exempt churches; it exempts one room from a church’s entire property: The sanctuary. That’s it. Every other piece of church property is fair game.

If the Fayetteville City Council intended to exempt churches, they could have done so. As it is, they only exempted the church sanctuary or chapel. That sends a very clear message: The ordinance is fully intended to affect churches.

Read the full language of the ordinance here.

Proposed Fayetteville Ordinance Threatens Religious Liberty

The Fayetteville City Council is currently considering “Proposed Chapter 119: The Civil Rights Administration.”

Proponents are billing this proposal as an anti-discrimination ordinance protecting the rights of homosexuals and transgender people (i.e. people who disagree with their biological gender) in Fayetteville. However, the ordinance carries a number of unintended consequences:

1. The ordinance affects churches. Under this ordinance, churches who have religious objections to homosexuality or disagreeing with one’s biological gender could face criminal prosecution if they refuse to hire a gay or transgender job applicant to fill a “secular” staff position (e.g. bookkeeper, receptionist, etc.).

Many churches do not distinguish between “secular” and “non-secular” staff positions. This ordinance would force them to do so.

Churches could also be forced to open their fellowship hall or similar portions of their property for same-sex “wedding” receptions and similar functions they find objectionable.

2. The ordinance inadvertently allows men to use women’s restrooms, locker rooms, and changing areas. (more…)