Practical Ecumenicity
The following News Item appeared in the November issue of the Reformed Herald (the news item was a reprint taken from the Christian Observer. It is followed by comments of the editor, Rev. David Dawn. We reproduce it here as a good example of “practical ecumenicity.”
In a tragic setback for free speech, Biblical morality, and the general free exercise of religion, a New Jersey federal district court has ruled in Presbytery of Orthodox Presbyterian Church v. Florio that the New Jersey homosexuals’ rights amendment overrides one’s constitutional right of free expression. Thc history of the Florio case falls into the following five phases:
1. The legislature of the state of New Jersey passed its “Law Against Discrimination” (LAD) which prohibits anyone in New Jersey including transients, from communicating anything, either verbal or written, which might promote discrimination against homosexuals. Specifically, the statute forbids anyone “to aid, abet, incite, compel, or coerce” discrimination against homosexuals (see N.J. Stat. @ 10:5-12, Title 10, “Civil Rights”; Chapter 5, “Law Against Discrimination”). Further, the statute includes no exception for religious speech (see New Jersey Law Journal, Dec. 5, 1994).
2. Rutherford Institute attorney Tom Neuberger filed suit on behalf of the Orthodox Presbyterian Church, as represented by the Rev. David Cummings. The suit charges that the statute violates the Free Speech Clause of the First Amendment.
3. The attorney general’s office of the state of New Jersey agreed not to enforce the statute against churches, claiming that such a religious exemption, though not written, is implied. The promise did not include, however, protecting a minister if he stepped off church property to disapprove of homosexuality (see The Legal Intelligencer, Nov. 17, 1994).
4. Partially on the basis of the state attorney general’s promise, the trial court dismissed the Rutherford Institute’s case, but Institute attorney Tom Neuberger appealed. The appellate court, the 3rd Circuit Court of Appeals, ordered the original trial court to reconsider the statute’s “effect on our fundamental right to freedom of speech.”
5. Tragically, in late September the trial court ruled that the state of New Jersey has a “compelling state interest” to prohibit discrimination and this “compelling state interest” overrides free speech liberties (see David B. Cruz, “Piety and Prejudice: Free Exercise Exemption from Law Prohibiting Sexual Orientation Discrimination,” New York University Law Review, vol. 69, pp. 1176, 1178 [Dec. 1994]).
The ramifications of the latest ruling are significant. If enforced to its fullest extent, the statute would forbid any public disapproval of homosexuality, effectively making various passages of the Bible technically illegal if communicated in public (for example, Rom. 1:27; I Cor. 5:11; 1 Tim. 1:8-10).
(This was followed by Editor Dawn’s Note)
Generally speaking, I do not think articles on current events or politics are appropriate to this magazine. We do our best to emphasize theological and devotional material, as well as the news from the Churches.
Occasionally, however, an issue comes along of which all our members need to be made aware. Certainly, I was ignorant of the situation in New Jersey until I read this article in the Christian Observer.
One might argue that preaching against homosexuality comprises a very small part of a Church’s ministry. However, this issue sets a precedent. Once it is established. in Law that our freedom of speech is restricted in one area, be sure others will follow. Much of the teaching of Orthodox Christianity—to say nothing of the Reformed Faith—is manifestly politically incorrect.
Our brothers in the Orthodox Presbyterian Church are to be commended in the highest possible terms for their stand on this issue. They have our unreserved admiration and—I hope—our prayers as well.
Perhaps some of our readers will want to write New Jersey Governor Whitman. Barring an appeal to the U.S. Supreme Court, only the state government can change this legislation. More importantly, let us pray that God in his mercy will continue to grant us freedom of speech and religion in this country.
G. I. Williamson is editor of Ordained Servant.