All Articles For Church and State

U.S. Supreme Court poised to strike down the laws of 27 states prohibiting Christian counselors from advising gender transitioning minor patients to instead affirm their biological sex in accordance with biblical perspectives of sex and gender   member of Cornerstone PRC in Dyer, Indiana, is a practicing attorney   STATUTORY PROHIBITION OF CONVERSION THERAPY In the last two decades there has existed an ideological warfare over counseling goals for children who express so-called gender confusion or gender dysphoria, which has been defined as the alleged unease, discomfort, or distress some children feel about their biological sex, leading them to supposedly...

member of the Hull PRC in Hull, Iowa, and a practicing attorney   In recent years, the United States Supreme Court under Chief Justice John Roberts has issued a substantial number of opinions interpreting the freedoms guaranteed by the Free Exercise Clause of the First Amendment to the United States Constitution.1 For many years, the Supreme Court issued relatively few rulings on this area. The Court maintained a position that the government could impose on the exercise of religion as long as it was for a legitimate purpose and the law was of general applicability.2 The Court had ruled against...

Mr. Brian VanEngen, member of the Hull PRC in Hull, Iowa and a practicing attorney It is not often that we would think of an article on banking regulations as a topic that would fit in a rubric addressing Church and State religious liberty matters. However, a recent gaffe by the late-night comedy show “Saturday Night Live” recently brought attention to an issue that is of growing concern to Christians. The comedy show, which frequently mocks religious and conservative individuals, often includes a segment called “Weekend Update,” depicting a news report in which the actors portray news reporters and anchors....

Mr. Martin DeVries, member of Randolph PRC in Wisconsin, has practiced law in California and Wisconsin For some time now, the Standard Bearer has published the occasional article about legal issues facing the church. More broadly, these articles discuss how the civil government’s actions affect the calling of the Christian and the function of the church in this world. In general terms, these governmental actions are initiated by 1) orders from our president or governor, 2) laws enacted by the legislature, or 3) decisions of the courts. Some of these developments are assurances, albeit temporary, that Christians in our country...

Mr. Nathan Vis, member of Cornerstone PRC, Dyer, Indiana and a practicing attorney The scene is Bremerton (WA) High School, and the year is 2015. Following a game, football coach Joseph Kennedy kneeled on the 50-yard line in silent prayer. He understood that this action would likely result in a termination by the public school district for which he worked. After months of repeated requests from the school district that Coach Kennedy cease his public prayers, he did, indeed, lose his job. The coach, in turn, sued the school district.1 After his case worked its way through layers of the...

Mr. Brian VanEngen, member of the Hull PRC in Hull, Iowa, is a practicing attorney   In recent years, the courts have issued rulings allowing same-sex couples to marry and requiring accommodations for those of varying sexual identities. Many state and federal laws provide protection for those of differing sexual orientation and identities, much like the laws prohibiting discrimination based on race or national origin. The United States Supreme Court has also acknowledged rights of those with differing sexual orientations and identities, including the right of same-sex couples to marry, but at the same time has issued rulings guarding the...

While saints in the United States and Canada currently enjoy great freedom to gather for worship, pressure to bend beliefs and curb convictions exists. Some reading this may very well have already experienced that strain. Where do believers typically feel this tension? A common setting is the workplace. Here, fellow employees may belittle a believer’s faithful walk or employers may threaten loss of employment or promotions when an employee requests accommodations to practice their religious beliefs. As we move through this new millennium, it often seems that lawmakers are making it increasingly difficult for religious expression and action to take...

Mr. Brian VanEngen, member of the Protestant Reformed Church in Hull, Iowa, is a practicing attorney On Friday, June 24, 2022 the United States Supreme Court issued its opinion in the case of Dobbs v. Jackson Women’s Health Organization.1 This decision, which overruled the longstanding abortion rights case, Roe v. Wade, created much controversy. Before the decision was even issued, a draft opinion of the court was leaked in an unprecedented breach of the confidentiality normally maintained by the Court for draft opinions or dissents.2 Protests were held outside the homes of conservative justices, despite federal laws prohibiting actions that...

United States Supreme Court rulings in recent years have revealed a Court deeply divided along ideological lines. For many years the nine justices of the court were often divided 5-4 on cases with ideological implications, with four justices consistently on the conservative side of social issues, and four justices on the liberal side, with Justice Anthony Kennedy providing the deciding vote that would swing the decision one way or another. A series of retirements and deaths of justices on the court during the presidency of President Donald Trump resulted in what many considered a 6-3 conservative majority, including the replacement...

State and local governments have imposed restrictions on gatherings, including church and religious gatherings, due to the COVID-19 pandemic. The regulations vary greatly from jurisdiction to jurisdiction, from suggestions for COVID-19 safety protocols to restrictions limiting the number of individuals who can gather to worship. Many have been concerned that the government has used the COVID-19 pandemic as a pretext for overreaching and violating the separation of Church and State, as well as infringing on the right to Free Exercise of Religion under the First Amendment to the United States Constitution.   The facts of the case The State of...