'Religious Liberty' Bills Challenge UMC's LGBTQ Stances

A United Methodist Insight Exclusive

Pressure on The United Methodist Church regarding its stances about lesbian, gay, bisexual and transgender people came into focus this week as Georgia Gov. Nathan Deal vetoed HB 757, which would have allowed businesses to discriminate against LGBTQ people if their objections were faith-based. However, the campaign isn't over yet in Georgia, where the state legislature has enough votes to override the governor's veto, or in dozens of other states where similar bills are in process.

Social conservatives' push for "religious liberty" state laws that would allow LGBTQ discrimination because of faith-based reasons comes as The United Methodist Church prepares to take up the topic of human sexuality once more at the 2016 General Conference coming May 10-20 in Portland, Ore.

If restored by its legislature, the Georgia law may have the most direct impact on United Methodism, thanks to the proposed relocation of the General Board of Global Ministries from New York City to Atlanta sometime this year. According to a 2014 vote of its board of directors, the denomination's worldwide missions agency is slated to leave the skyscraper known as "the God Box" on New York's Riverside Drive for Atlanta by the end of 2016.

In response to an email from United Methodist Insight, Global Ministries' top executive Thomas Kemper said that his agency has yet to delve deeply into the Georgia legislation, in part because he was traveling in South America when the legislation was adopted during Holy Week. Still, the likelihood of a legislative override puts pressure on Global Ministries' plan to relocate to Atlanta because of official church policies upholding the civil rights of LGBTQ people.

With similar laws considered in some 27 other states around the nation, The United Methodist Church finds itself on the horns of a dilemma: how to uphold its own policies supporting the civil rights of LGBTQ people while it still officially condemns "homosexual practice" as "incompatible with Christian teaching."

According to the Rev. L. Fitzgerald Reist, secretary of the General Conference, there are 99 petitions concerning the church's human sexuality policies awaiting delegates' consideration in May. Many petitions favor changing or removing United Methodism's anti-LGBTQ stance, while others propose to tighten the strictures even more, mainly through punishing clergy that perform same-sex marriages, even though marriage equality is now the law of the land in the United States.

The conflict may prove even more pronounced this time. For starters, last fall the College of Bishops on the African continent issued a public letter urging General Conference delegates to maintain the current stances. Then, earlier this year, the College of Bishops in the Philippines issued a statement encouraging delegates to remove the "incompatible" language and related paragraphs.

In the United States, the tide has turned toward greater LGBTQ acceptance, and the wave of so-called "religious liberty" bills in state legislatures represent the backlash to that social trend. The Religious Landscape study released by the Pew Research Center in late 2015 showed that more than 60 percent of United Methodists in the United States now accept same-gender relationships as an authentic expression of human sexuality. Furthermore, 49 percent of U.S. United Methodists surveyed accepted same-sex marriage, while 43 percent rejected it. Unfortunately, this trend toward acceptance may not be reflected in the attitudes of General Conference delegates, since delegates are elected through often-manipulated political processes at annual conference sessions rather than directly from congregations.

Social attitudes aside, the delegates still face a conundrum. General Conference – the only body with the authority to speak for the entire denomination – has codified non-discrimination stances in the Book of Discipline, the UMC's collection of church doctrine and policies, and in the Book of Resolutions, its expanded social justice guidelines.

The United Methodist Social Principles found in Paragraph 161 of the Book of Discipline state:

"Equal Rights Regardless of Sexual Orientation

"Certain basic human rights and civil liberties are due all persons. We are committed to supporting those rights and liberties for all persons, regardless of sexual orientation.

"We see a clear issue of simple justice in protecting the rightful claims where people have shared material resources, pensions, guardian relationships, mutual powers of attorney, and other such lawful claims typically attendant to contractual relationships that involve shared contributions, responsibilities, and liabilities, and equal protection before the law.

"Moreover, we support efforts to stop violence and other forms of coercion against all persons, regardless of sexual orientation."

Meanwhile, the Book of Resolutions states:

"Book of Resolutions: Opposition to Homophobia and Heterosexism

"WHEREAS, homophobia1 is the discrimination of people perceived to be nonheterosexual, regardless of the victim's actual sexual orientation or sexual identity; and

"WHEREAS, heterosexism2 is a self-justifying system of homophobia that:

"perpetuates stereotypical categories of what is essentially "masculine" and what is essentially "feminine"; provides a privileged status for people who identify as culturally defined heterosexuals; and discriminates against persons who, regardless of their sexual orientation or sexual identity, do not appear to fit within the particular category defined as appropriate for their gender; and

"WHEREAS, actions rooted in homophobia and heterosexism, including violence, threats, ridicule, humiliation, discrimination, isolation, and rejection, are damaging to persons of all sexual orientations and identities; and

"WHEREAS, homophobia and heterosexism are manifestations of sexism in general in that they foster stereotypes based on arbitrary distinctions of gender categories; and

"WHEREAS, the United Methodist Church is committed to the eradication of sexism (#3444, 2008 Book of Resolutions);

"Therefore, be it resolved, that The United Methodist Church strengthen its advocacy of the eradication of sexism by opposing all forms of violence or discrimination based on gender, gender identity, sexual practice, or sexual orientation; and

"Be it further resolved, that the General Board of Church and Society provide resources and materials aimed at educating members of the local churches about the reality, issues, and effects of homophobia and heterosexism and the need for Christian witness against these facets of marginalization.

"1Homophobia, A commonly used definition from the American Heritage Dictionary (1992): 'Fear or contempt for lesbians and gay men.'

"2Heterosexism, A commonly used definition from the American Heritage Dictionary (1992): "Discrimination or prejudice against lesbians or gay men by heterosexual people."

"ADOPTED 2008, Resolution #2043, 2008 Book of Resolutions. See Social Principles, Paragrah 161 G, I.

"From The Book of Resolutions of The United Methodist Church - 2012. Copyright © 2012 by The United Methodist Publishing House. Used by permission."

In contrast to these stances, the denomination condemns "homosexual practice" as "incompatible with Christian teaching" (Social Principles, Paragraph 161 G), and forbids its clergy to conduct same-sex weddings, or to allow them to be held in United Methodist congregations. The church also won't ordain openly LGBTQ people, nor will it allow denominational or annual conference funds to be given to organizations that "promote the acceptance of homosexuality."

The same-sex marriage ban particularly pinches since the June 28, 2015, ruling by the U.S. Supreme Court that legalized same-sex marriage. In contrast, the denomination's staunch defense of the civil rights of LGBTQ people aligns with laws in 22 states plus Washington, D.C and Puerto that forbid discrimination based on sexual orientation, according to the Human Rights Campaign.

In addition to Georgia, United Methodists are watching other LGBT discrimination battles:

  • Mississippi's legislature passed one of the strongest anti-LGBT discrimination bills to date on March 30, according to MSN.com.
  • On the same day, Virginia Gov. Terry McAuliffe vetoed a bill that would have permitted ministers to refuse to marry same-sex couples because of their religious beliefs — a "right of refusal" that clergy already have. The measure also allowed business owners to decline to serve or employ LGBT people based on their religious views. The Virginia legislature doesn't have sufficient votes to override McAuliffe's veto.
  • North Carolina is facing a lawsuit over its recently enacted anti-LGBTQ legislation. In an article for USA Today distributed by Religion News Service, Maria Puente reported that North Carolina's bill barring cities and counties from adopting local legal protections for gay and transgender people has drawn a legal challenge from the American Civil Liberties Union. North Carolina Gov. Pat McCrory has signed that bill into state law.
  • Politico's Elena Schneider reports that similar high-profile battles over LGBTQ discrimination have occurred recently in South Dakota, Tennessee, Missouri and Montana.
  • Last year in Indiana, Gov. Mike Pence signed a controversial religious-freedom law that drew opposition from a coalition of faith-based and community organizations and individuals, including United Methodists, known collectively as Freedom Indiana. Earlier this year, a correction was attempted, but the legislature adjourned without considering the bill.

All of these factors will be in play when the 2016 General Conference delegates take up the topic of human sexuality once again.

A veteran religion journalist, Cynthia B. Astle serves as editor of United Methodist Insight. She will report May 10-20 from the 2016 General Conference in Portland, Ore.