I have written nearly 400 of these columns as editor of The Pathway and I am certain that this is one of the most important. The importance does not lie in my prose or in who I am. It lies in its subject matter.
By the time you read this, the Missouri Senate will have begun spirited debate on one of the most essential pieces of legislation in its history. It is known as Senate Joint Resolution 39 (SJR 39), or the Missouri Religious Freedom Amendment. If approved, something that at this moment is far from certain, Missourians will have the opportunity to make history and vote to make it part of the Missouri Constitution’s Bill of Rights.
SJR 39 became necessary following last year’s U.S. Supreme Court decision redefining marriage to include people of the same sex. Shortly thereafter Missouri Baptist Convention (MBC) Executive Director John Yeats asked me to approach other faith leaders around Missouri and legal experts about creating what has become SJR 39. In August, I began leading meetings at the Baptist Building with faith leaders, General Assembly staff, constitutional scholars and lawmakers.
Click here for more information on SJR 39.
After six months of work, SJR 39 became a reality. This document was carefully crafted by some of our nation’s leading constitutional scholars. Carl Esbeck, professor emeritus of constitutional law at the University of Missouri Law School and recognized as one of our nation’s foremost scholars on the First Amendment, attended every meeting and led the effort in crafting the text. One of Missouri’s finest attorneys Eddie Griem of Kansas City, also contributed mightily. It was vetted by the likes of Mike McConnell of Stanford University law school, Douglas Laycock of the University of Virginia law school and attorneys who have won First Amendment cases before the U.S. Supreme Court, including MBC General Counsel Mike Whitehead and Hobby Lobby hero Joshua Hawley. Kansas City attorney Jonathan Whitehead and Tyler McClay, legal counsel for the Missouri Catholic Conference provided valuable expertise as well. Missouri Baptists should feel confident in what SJR 39 contains and owe these men a great debt.
So what does SJR 39 do? It prevents the state from penalizing clergy, churches, faith-based schools, universities and institutions like the Missouri Baptist Children’s Home who believe that marriage is between a man and a woman. Churches do not have to allow marriage related activities on their property. Schools, universities and children’s homes are protected in their hiring practices and operations and cannot be penalized by the state for opposing a homosexual lifestyle or same-sex marriage if it contradicts their faith. Likewise, it bars the state from penalizing business owners in the wedding industry who want to run their businesses according to their faith. Clergy cannot be forced to marry people of the same sex.
Opponents are wrongly attacking SJR 39 as discrimination, bigoted and, most outrageously, harmful to the state’s economy. In short, SJR 39 is a shield not a sword. It does not take anything away from anybody.
Can businesses refuse to serve LGBT people? No. Can businesses associated with the wedding industry refuse service to LGBT for non-marriage occasions? No. Does it reverse or not recognize same-sex “marriage?” No. Does it prevent same-sex couples from obtaining a “marriage” license? No.
Will SJR 39 hurt Missouri’s economy? Absolutely not. The LGBT lobby uses the media and bullying tactics on the Missouri Chamber of Commerce to mislead Missourians into thinking that it does. They say it will hurt the state’s tourism industry because it makes Missouri look like it does not welcome everyone. They offer no evidence to support their view because none exists, but their suggestion about Missourians is offensive. It is nothing but inflammatory rhetoric.
The LGBT lobby and its supporters say companies will leave Missouri because they cannot find enough quality people to hire. No facts are presented to support such an outlandish claim. Conversely, the economy of the state of Illinois, which has all kinds of special laws protecting homosexuals, is a mess, while the economy of a state like Texas, which has far fewer such laws, is booming.
SJR 39 is being sponsored in the Senate by Sen. Bob Onder, R-St. Louis, and in the House of Representatives by Rep. Paul Curtman, R-Pacific. Both of these men deserve our thanks and prayers as the battle over the amendment intensifies. If SJR 39 passes the Senate, it will then go to the House, and if passed, will likely go on the August ballot for voters to approve.
Missouri Baptists are not alone in this battle. We have been joined by the Worldwide Fellowship of the Assemblies of God as well as the Missouri Catholic Conference. The amendment is supported by the Missouri Farm Bureau, Missouri Eagle Forum, Missouri Concerned Women for America and the Washington, D.C.-based 1st Amendment Partnership and the Missouri Alliance for Freedom. Others will soon be joining.
The LGBT lobby will spend millions of dollars to prevent passage of SJR 39 and along with the media and a part of the business community will bring pressure to bear on lawmakers. Our lawmakers must know that we stand with them. Please, call your senator today and ask them to support SJR 39, the Missouri Religious Freedom Amendment.