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Asinine Idea to Protect Christian Vendors from Lawsuits

Legal affairs columnist at The Daily Beast, Jay Michaelson, has offered the dumbest idea yet to solve the problem of homosexual couples trying to force Christians to provide goods and services for their faux-weddings.

Michaelson, who writes on “law, religion, and sexuality,” is a graduate of Columbia University and Yale Law School, which provides clear evidence that intelligence and prestigious educations provide no bulwark against foolishness.

Michaelson is also an “affiliated assistant professor at Chicago Theological Seminary,” a “teacher of meditation in a Theravadan Buddhist lineage,” and openly homosexual with a special interest in “queer theology.

Focusing on the case of Jack Phillips, the Colorado baker whose case before the U.S. Supreme Court starts next week, Michaelson proposed this:

All Masterpiece Cakeshop has to do is state that they only provide wedding cakes for weddings that take place at certain churches (and, if they like, synagogues and mosques). Don’t turn people away based on their identities, or the type of wedding they’re conducting. Turn them away based on the place where they are getting married…. That leaves the discrimination up to the religious institution, and churches are allowed to discriminate. They can refuse to host same-sex weddings, interfaith weddings, interracial weddings – whatever. And almost everyone agrees that they should be allowed to do so. Whatever else it means, the First Amendment definitely covers religious institutions’ rights to decide how to practice their religion.

That’s a doozy of a “solution.”

First, a few thoughts.

Neither Jack Phillips, nor florist Barronelle Stutzman, nor baker Melissa Klein, nor calligrapher Joanna Duka, nor photographer Elaine Huguenin, nor Bed & Breakfast owner Jim Walder “turned people away based on their identities.” All of these defendants in unjust lawsuits brought by petulant, intolerant homosexual oppressors served homosexuals and provided products to homosexuals—an inconvenient fact that Michaelson omitted. Phillips was willing to sell the homosexuals who are suing him a pre-made cake for their wedding or any other baked goods. Stutzman had sold flowers for years to the homosexual who has sued her, knowing full well his “sexual orientation.”

For the umpteenth time, what these Christians are unwilling to do is provide a service or product for a type of event that the God they serve abhors. For theologically orthodox Christians, marriage is first and foremost a picture of Christ and the church. The union of Christ the bridegroom and his bride, the church, is a union of two different and complementary entities. They are different in both nature and role. Pretending that the union of two people of the same sex can be a marriage is heresy. In theological terms, such a belief would necessarily mean that there is no difference in nature or role between Christ and his church.

And theologically orthodox Christians throughout the history of the church and today understand that God detests homosexual activity even as he loves those who reject Him and his Word. What a grievous injustice it is for the government to compel Christians to serve, participate in, or provide products for an event that celebrates a union that God detests.

Christians also recognize that true marriage—that is the union of one man and one woman—also serves public and secular purposes. It serves children who have an intrinsic right to know and be raised by both a mother and father–preferably their own biological parents.  Further, the needs of children are best served when they are raised by a mother and father. In serving the needs and rights of children, true marriage also serves society.

Michaelson offered this odd statement: “the First Amendment definitely covers religious institutions’ rights to decide how to practice their religion.”

Evidently Michaelson isn’t “woke” to the fact that the First Amendment definitely covers religious individual’s right to decide how to exercise their religion.

Michaelson denies that his solution of providing goods and services only for weddings held in certain churches constitutes religious discrimination:

[S]ince the bakery (or photographer, or florist) is limiting their services to certain physical venues, rather than discriminating against individual customers, the practice is what lawyers call “facially neutral.” If you’re getting married at venue A, B, or C, we can provide a cake for you. Period. You can be of whatever religion, sexual orientation, or gender identity that the venue allows; that’s up to the venues. All the bakery cares about is where the wedding is happening.

None of the Christians being sued is discriminating against individuals. They’re making distinctions between types of events: a union between two people of the same sex is as different from the union of two people of different sexes as a man is from a woman—which homosexuals and “trans” cultists tell us are very different, indeed. So, why is discriminating between venues “facially neutral,” while discriminating between types of events is unjustly discriminatory?

So, now for some questions that may help further illuminate just how asinine Michaelson’s proposed solution is:

1.)  What if a theologically orthodox Christian couple is having their wedding in a home, on the beach, on a mountain top, at an inn, in a hotel, or some other venue? Why should Jack Phillips be precluded from providing a wedding cake for such a wedding?

2.)  What if a denomination or church is in the midst of a schism, with some members upholding orthodoxy and some heresy? And what if a theologically orthodox couple in this church want a cake from the baker? Shouldn’t Phillips be free to provide a cake for this type of event that doesn’t violate his religious convictions?

3.)  What if Phillips wants to serve any sexually complementary couples because of his belief that marriage—which has an ontology—is good for all humans and good for society? Shouldn’t he have the right to serve all such couples regardless of their religion or absence of religion?

Jack Phillips did not refuse to serve homosexuals. He served them many times. He refused to make a type of product he had never made for a type of event he had never served: He declined to make an anti-wedding cake for an anti-wedding.

Marriage has a nature. It is something. Societies historically have recognized and regulated it, but they did not create it out of whole cloth. Marriage has a nature central to which is sexual differentiation and without which a union is not and cannot, in reality, be a marriage. A same-sex union is the antithesis of a marriage. It is an anti-marriage. I bet if a homosexual couple were to ask Phillips to make a birthday cake for the birthday of one of their mothers, he would do it. This illustrates that Phillips’ refusal to make an anti-wedding cake does not constitute discrimination against persons based on their “sexual orientation” but, rather, constitutes discriminating among types of events based on his religious beliefs. To paraphrase Michaelson, Phillips doesn’t care about the “sexual orientation” of his customers. All he cares about is the type of event that he’s being asked to serve.

I’ll speculate again. I bet if a man who identifies as homosexual were to choose to marry a woman—perhaps because he wants a traditional family life—Phillips would bake a wedding cake for the reception. Conversely, if two heterosexual women were to choose to marry—perhaps for some pragmatic fiscal reasons—Phillips would likely refuse to make a wedding cake. Both hypotheticals illustrate that Phillips’ refusal to bake a wedding cake for a same sex couple has nothing to do with their “sexual orientation.” It is the type of event to which he objects.

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2017/11/Asinine-Idea-to-Protect-Christian-Vendors-From-Lawsuits.mp3


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Strong, Informed Pastors Help Christians Live Faith Publicly

Pastors, your church needs you to be engaged—fully engaged—in the issues people are facing every day. Maybe you are not personally facing these issues, but they might be. If congregants come to you for help and advice and all you say is, “Sorry to hear about this,” then you’ve failed them.

Elaine Hugenin, owner of Elane Photography, chose not to photograph a same-sex ceremony. Her religious convictions prevent her from using her talents to celebrate same-sex unions. When she declined to photograph the ceremony, the same-sex couple, ignoring Elaine’s right to freely exercise her faith, brought a case against Elane Photography and the New Mexico Supreme Court unjustly found her guilty of discrimination, even though the same-sex couple easily found and used another photographer to capture the ceremony.

I can’t help but wonder what counsel her pastor provided, if any?

In a similar situation, the owner of Arlene’s Flowers in Washington State declined to offer her floral services for a homosexual couple’s same-sex “marriage” ceremony. The state attorney general has filed a lawsuit against the flower company. Barronelle Stutzman believes her Christian convictions prevent her from supporting the same-sex “marriage” and does not want to violate her convictions. She is still being sued, even though dozens of flower shops can provide flowers for their ceremony.

What insights did her pastor offer during this troubling time?

When the owner of Masterpiece Cakeshop said he would rather close his business than violate his religious convictions by baking a cake for a same-sex ceremony, he was sued for discrimination. He is doing his best to stand firm and adhere to his faith but he is being attacked by locals within the community and the media. The same-sex couple, along with the ACLU, have filed a suit against Masterpiece Cakeshop, even though other bakeries could provide a cake for the ceremony.

What words of wisdom did his pastor offer during his hour of need?

Pastors often talk about controversial issues in a detached manner saying they are outside of the church and her scope. But these are real Christians—members of real churches—whose livelihoods, reputations, and lives are being attacked in a very public way. These issues are not outside the church, but within, and must be addressed so that these Christians can live their faith fully and carry their cross with the strength and support their church provides.

Pastors, congregants need you to be informed, engaged, and buttressed by your support and wisdom. If all you offer them during a difficult time is an obscure Bible verse, you might appear indifferent and uncaring. A shepherd needs to care for the needs of his flock, especially when their livelihood is at stake because of their Christian beliefs.

Pastors must be a solid rock for Christians during trying times when they are being assailed by our enemies.  They must be a counselor, friend, and inspirational resource. Make sure congregants know that they can come to you and count on your support. Here are two ways you can show your congregation your support during difficult times.

1.     Skip the rhetoric. Don’t recite sermons, prepared statements, or doxologies from books. Be a real friend, one who cries with them (Rom. 12:15), and is willing to walk by their side through this valley of darkness. I love sermons, Proverbs, Psalm and great quotes from men of God, but sometimes people just need a shoulder to cry on. Be that shoulder.

2.     Become a resource. (Ecc. 4:12) When a person’s character is being assaulted publicly and their livelihood is threatened, inspiring words only go so far. Become a resource for people in your congregation by making sure you are up-to-date on their situation, aware of laws and people and organizations that can help. Familiarize yourself with groups like Alliance Defending Freedom, the Family Research Council, and your local state family policy council that can provide legal and public policy resources.

Difficult times are opportunities for pastors to minister to the needs of their congregants. You will only be able to minister effectively if you are prepared. As ministers of the Gospel, we should endeavor to be “instant in season and out” (2 Tim. 4:2). When people need us, let’s be ready with God’s Word and the necessary resources to stand with those God has entrusted to our care.


This article by Pastor Nathan Cherry first appeared at the Alliance Defending Freedom’s Speak Up blog. You can see the original article and comments HERE.