Supreme Court Ruling Response

By Raul Rivera

As I am sure you have heard by now, the Supreme Court has ruled in favor of same-sex marriage in a 5-4 vote. Since the ruling, many pastors and leaders have been asking questions as to what it means for their church or ministry. Below are four of the most common questions churches and ministers are asking.

1. Can a church or a minister be forced to condone or perform a same-sex wedding ceremony? 


2. Should churches add a clause to their bylaws to protect their right to exercise their disciplines of faith? 


3. Can a church refuse anyone requesting to rent the church building for a same-sex wedding? 


4. If a church’s bylaws have a same-sex marriage clause prohibiting homosexuality and same-sex marriage, should the church strengthen the language in its bylaws to address the Supreme Court ruling?

These are all good and valid questions, and questions that must be asked; however, for many of those questions we can only speculate as to what this ruling may mean for churches and ministers in the near and distant future. Therefore, while churches and ministries prepare for the effects of the ruling to manifest, I want to share what we know and what is unclear.

What we do know

The court did not order churches, ministers, and religious groups to condone or perform same-sex marriages. I will discuss this later. It is important to note that the Supreme Court’s ruling only addressed the constitutionality of same-sex marriage as it pertains to the Fourteenth Amendment, which states that no state shall “. . . deny to any person within its jurisdiction the equal protection of the laws." In issuing its ruling, the Court did not directly address many of the questions that churches and ministers are asking. Rather, the Court limited its ruling to two things:

1. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex,


2. The Fourteenth Amendment requires a State to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.

What is still unclear

As I mentioned earlier, nothing in the ruling requires churches, ministries, and/or ministers to condone/perform same-sex marriages. What is unclear is the language used by the majority in saying that religious organizations are protected by the First Amendment as they seek to advocate the principles that are dear to their faith. Below is a quote from the opinion.

“Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered."

While some ministers take comfort in the words of the Court, Chief Justice Roberts, in his dissenting opinion, hardly agrees that the Court’s ruling provides protection for ministers. I happen to agree with him. Roberts alludes to the choice of words used by the Court. The Court said that religions might continue to “advocate” and “teach” their doctrines. The real question is, can churches, ministries, and individuals exercise their faith? That is a fully different principle that just merely teaching their doctrines but not being able to exercise them. One can be allowed to teach and advocate a position, but allowing that person to exercise it is different.

Here is a quote from Chief Justice Roberts.

"Today’s decision, for example, creates serious questions about religious liberty. Many good and decent people oppose same-sex marriage as a tenet of faith . . . The majority graciously suggests that religious believers may continue to 'advocate' and 'teach' their views of marriage. The First Amendment guarantees, however, the freedom to 'exercise' religion. Ominously, that is not a word the majority uses."

What we can do today

As a pastor, I take comfort in knowing what my position was on a particular issue. There are many issues facing the church today.  One of the ways we addressed issues was to spend time defining them in writing. As you may agree, more than ever it is time for the Church to be “as wise as serpents, and as innocent as doves.” There are some things churches can do today to better define who they are and make it known to the world.

One solid course of action is to reassess their bylaws and other governing documents. Many of the churches and ministries that have used the StartRIGHT Program™ have found it advantageous to add strategic language in their bylaws such as the prohibited activities clause. In short, this clause states that the church is prohibited from participating in activities that violate its written doctrines, and in addition, the church is prohibited from allowing any of its assets to be used for activities that violate its written doctrines. If you have used the StartRIGHT Program™, the prohibited activities clause can generally be found under Article XII of the bylaws document package.

As pointed out by our General Counsel, Attorney Damon Moore, the prohibited activities clause points to the church’s written doctrines as a guide to the church for how to use assets, such as the church building, vehicles, cash, and other possessions. In their doctrines, many churches dictate that only the marriage ceremonies that fall within the church doctrinal position of marriage can be conducted in the church building. It is within the written doctrines that many churches find comfort and protection concerning same-sex marriage and other possible public definitions of marriage that may come.

Provided here is a link to a sample set of written doctrines that you may use as a template to help guide you and your church in drafting, adopting, and implementing written doctrines. This is a topic that we discuss at all of our conferences.  If you have any questions or need help with the doctrines, give us a call at 770-638-3444. We would love to help.