February 20, 2021
The ERLC affirms the full dignity of every human being. At the 2018 Annual Meeting of the Southern Baptist Convention, the Messengers passed a resolution to “reaffirm the sacredness and full dignity and worthiness of respect and Christian love for every single human being, without any reservation.” The SBC’s commitment to love of neighbor is grounded in the truth that “God created man in His own image; He created Him in the image of God; He created them male and female.” (Gen. 1:26-27)
Through the Equality Act, Congress would punish faith-based charities for their core religious beliefs about human dignity and marriage. While the proposed intention of H.R. 5 is to protect individuals who identify as LGBT, the bill fails to respect people’s freedom of conscience. As Russell Moore, president of the ERLC often notes, “A government that can pave over the consciences of some can steamroll over dissent everywhere.” H.R. 5 erodes foundational Constitutional freedoms in its pursuit of fleeting cultural ideas.
H.R. 5 undermines decades of civil rights protections for women and girls. Women’s shelters for those escaping domestic abuse or homelessness would be forced to house biological males who identify as women. The Equality Act disregards the privacy and safety concerns that women rightly have about sharing sleeping quarters and intimate facilities with the opposite sex. This legislation would also harm women’s sports and scholarships as girls would be forced to compete with biological males for limited positions.
H.R. 5 threatens the efforts of faith-based adoption and foster care agencies. The legislation would explicitly curtail the Religious Freedom Restoration Act of 1993 which would force faith-based child welfare organizations to either abandon their deeply held religious beliefs or be shut down. The state forced closures of such agencies is especially harmful at a time when multiple societal crises increase the need for children services.
H.R. 5 hinders the work of healthcare professionals and faith-based hospitals. While religiously affiliated hospitals routinely serve patients of any background, including those who identify as LGBT, providers who hold moral or religious beliefs cannot perform every procedure a patient requests. For example, doctors and nurses who object to gender reassignment surgeries for moral, religious, or scientific reasons would be forced to provide the procedure or risk losing their jobs.
The Equality Act would also force healthcare workers and pro-life healthcare providers to participate in and provide abortions. H.R. 5 would roll back decades of conscience protections that protect pro-life nurses and physicians who object to participating in abortions because of their deeply held religious beliefs. No person should be compelled to participate in an act they believe to be the taking of a human life. Additionally, it would jeopardize the longstanding Hyde Amendment that protects federal taxpayer dollars from funding aboriton.
The Equality Act would undermine the ability of Americans who disagree to work together for the common good. These legislative changes represent a dramatic departure from the foundations of civic tolerance. If enacted, the Equality Act would bring sweeping and historic changes to religious liberty with devastating effects to this foundational freedom. Due to these concerns, among many others, the ERLC opposes H.R. 5, the Equality Act.