TRANSGENDER BATHROOMS, SAME-SEX MARRIAGE, AND YOUR CHURCH'S FACILITY USE POLICY
Q: How does the Supreme Court case Gloucester County School Board v. G.G. apply to churches?
The Supreme Court sent the case, Gloucester County School Board v. G.G., back to the Fourth Circuit Court of Appeals for reconsideration. The Fourth Circuit had initially ruled that schools must “treat transgender students consistent with their gender identity” in regard to the use of public school bathrooms, heavily relying on guidance from the United States Departments of Justice and Education.
However, the Trump administration revoked the Obama-era guidance that the lower court relied on, prompting the Supreme Court to remand the case for further review. The Fourth Circuit must now reconsider its ruling in light of the federal government’s new directive. Ultimately, this case may return to the Supreme Court.
How does this apply to churches?
While the case focuses on schools, any Supreme Court opinion regarding transgender issues will have broader cultural implications, potentially impacting churches, especially following the recent same-sex marriage decision in Obergefell v. Hodges.
The primary concern is whether churches are considered places of “public accommodation.” This designation varies by jurisdiction, but places of “public accommodation” are subject to anti-discrimination laws, including those based on gender.
In a recent case, a federal district judge in Iowa ruled that a church was not a place of public accommodation but indicated that the decision might differ if the church allowed the use of its facility as an independent daycare or polling place (Fort Des Moines Church of Christ v. Jackson, 2016 WL 6089842 (S.D. Iowa 2016)).
Facility Use Policy
Due to the uncertainty surrounding the law, many churches have adopted restrictive facility use policies to limit their exposure as places of public accommodation. These policies can take several forms:
Facility Use Reserved for Members Only
Facility Use Reserved for Members and Churches/Ministries of Like Faith and Practice
Facility Use Reserved for Members, Churches/Ministries of Like Faith and Practice, and Organizations Not Incompatible with the Church’s Statement of Faith
In selecting a policy, churches must evaluate their risk tolerance against the level of community use they wish to allow.
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