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LGBT Rights: Church-Based Discrimination

AP Photo by Matt Rourke

When the Supreme Court affirmed the right of same sex couples to marry, some people assumed the gay community was home free, with all the legal protections it might need.  In fact, Virginia’s ACLU says otherwise.

When the Kiwanis Club rallied for its annual 5K run in the parking lot of a church in Charlottesville, participants were told they could not come back next year.  A rumor circulated that the church didn’t want gay athletes in the neighborhood.  That was a distressing moment for Kenny Ball – an avid runner.

“In my humble opinion, it doesn’t seem like a very Christian thing to do.  I guess the God that I believe in loves all.”

The pastor of the church says he did quit the Kiwanis Club, after the Indiana-based group objected to  the so-called religious freedom bill that allowed discrimination in any situation if it was based on a person’s religious beliefs.  But the Reverend Chris Fitzwater insists the runners’ ban was completely unrelated – that the church has its own activities going on and needs the parking lot.

But under the law,  churches are within their rights to ban homosexuals, bisexuals and transgendered people from the premises.  Rebecca Glenberg is Legal Director for Virginia’s ACLU.

“Churches have broad religious liberty, and no one is going to be forcing a church to participate in a marriage between couples of the same sex if their religion prohibits them from doing that.”

But what happens when a church based adoption agency, licensed by the state, refuses to place foster kids in homes with gay parents?

“When religious organizations make the choice to fulfill government functions, then they need to be ready to follow the government’s anti-discrimination rules.”

Glenberg says Virginia has no laws on the books to protect people from discrimination based on sexual orientation, so the ACLU is relying on federal law to try and help clients.

“For example, LGBT people who are employed by the government have a constitutional right to equal protection.  LGBT people who work for private entities are also protected from discrimination under federal sex discrimination laws.”

But, she says, it would be better if this state’s legislature approved specific legal protections for gay and transgendered people.