Senator Edward “Ted” Kennedy, D.-Mass, on July 15th introduced an amendment to the National Defense Authorization Act known as the “hate crimes bill”. Specifically this legislation appears to be designed to expand protections for homosexuals and transgendered people, but could also threaten religious freedom and liberties.
The legislation, titled the “Matthew Shepherd Hate Crime Prevention Act, would presumably add “sexual orientation” and “gender identity” to the existing categories provided protection, such as race, religion and national origin.
Opponents to this legislation caution that this particular measure as currently worded, combined with the existing law, could expose clergy to being charged with a criminal act. The exposure would exist if the clergy were to make any comments from the pulpit or as a representative of the church in counseling that would suggest that the Bible teaches such behavior is contrary to biblical principles. Some of these critics also suggest that the bill as presented is laying the foundation for prosecuting and Christian who shares their biblical beliefs against homosexuality and/or homosexual acts.
Many believe this bill flies in the face of what has been known as “religious freedom” and even as “freedom of speech.” While many of these opponents of the bill would agree that there need to be certain protections such that angry attacks such as that which occurred against Matthew Shepherd, for whom the bill was named, they suggest that this bill as presented goes much too far.
To complicate the matter, again, what impact might this have not only on what a church can teach or preach, but impact might this have on a church’s insurance coverage. In other words, if a member of the clergy is made aware that there is such a legislative bill limiting what he or she can say and they do so anyway and are charged and prosecuted, what happens when someone sues the church in a civil action claiming their “civil rights” were violated? Unfortunately we realize that policies vary in their language, but undoubtedly this is going to cause many church insurance writers to have to scramble and determine if additional coverages may need to be offered to provide such protection.
Michael R. Boutot
Executive Director
Institute for Church Safety & Risk Management, LLC
(662) 322.6713
michael@churchriskmanagement.org
www.ChurchRiskManagement.org