Questions about identity, sexuality, and finding one’s “true self” are bombarding our culture today. And many young people are getting caught up in the churn of radical ideologies aiming to offer hope and wholeness but instead, only provide false promises. Ministries across the country are encountering new challenges that are a byproduct of this confusion. Gender dysphoria, the idea that someone can feel an incongruity between their biological sex and their perceived gender identity, has begun to affect certain populations, especially young people caught up in a cultural vortex that is exchanging truth for a lie regarding biological reality.  

As a result, ministries face new threats to their ability to help the communities God has called them to serve. But these threats also, paradoxically, provide opportunities, too, opportunities to strengthen their religious freedom for themselves and other ministries throughout the country that faithfully serve God and boldly proclaim His Gospel to all they encounter.

But where are these threats emanating from?

Nondiscrimination Laws

Nondiscrimination laws are among the biggest threats to a ministry’s mission and operations. These laws mandate that an organization does not discriminate based on a particular protected class of people, which historically have been defined by immutable characteristics such as biological sex, race, and national origin, for example. However, now, many states and localities have added “gender identity” to the list of classes protected by nondiscrimination laws which is a fluid concept by definition. These nondiscrimination laws could be problematic to ministries in a couple of ways: first, through employment requirements, and second, if the ministry becomes a “place of public accommodation.”

Employment issues. Despite some of the difficulties posed by state and local nondiscrimination laws, churches and other faith-based ministries are generally free to make hiring and firing decisions based on whether a candidate or employee affirms their religious beliefs. Both actions have robust legal protection through a legal doctrine known as the Ministerial Exception. Under this doctrine, churches and other ministries can make employment decisions regarding employees with ministerial (or pastoral) responsibilities, regardless of whether their title contains the word “minister.” In this instance, actions speak louder than words.

Another important First Amendment protection is commonly referred to as the “Coreligionist Doctrine.” This doctrine protects a church’s or ministry’s ability to require that all employees affirm the ministry’s sincerely held religious beliefs if adhering to them is necessary to fulfill its religious mission. The Coreligionist Doctrine has faced several legal attacks by activists recently, but our team at Alliance Defending Freedom continues to successfully litigate to protect this constitutional right on behalf of our clients.

Since the AG’s beliefs about human sexuality are rooted in biblical doctrines, a church’s or ministry’s employment decisions should not be limited by whether an individual has experienced or is experiencing gender dysphoria.

Public accommodation. Other areas becoming more legally fraught are places deemed “public accommodations.” Public accommodation laws are supposed to ensure people have access to basic goods and services. No one should be denied food at a restaurant, a ticket at a movie theater, or a room in a hotel because of their race or national origin. However, in some instances, we’re seeing public accommodation laws being twisted and used as a cudgel to force ministries to embrace radical and unbiblical views on human sexuality, which could subsequently place some individuals they serve in harm’s way physically and emotionally. Should biological males be allowed to sleep in a girls’ dorm or use girls’ showers simply because they say they identify as female? The answer is obviously “no.” However, these are some of the issues facing ministries today that must be monitored.

Because churches and other faith-based ministries are private property and have particular policies people must abide by in order to attend, they are not places of public accommodation and are, therefore, free to define their religious beliefs regarding sexuality and to create and enforce policies consistent with those religious beliefs.

Best Legal Practices

Churches and faith-based ministries should take three intentional steps to best protect their religious freedom and to ensure they can make employment and operational decisions consistent with their sincerely held religious beliefs regarding sexuality. Just follow the three C’s: communication, core documents, and consistency.

Ministries face new threats to their ability to help the communities God has called them to serve. But these threats also, paradoxically, provide opportunities, too.

Communication. It is important that churches and ministries communicate their sincerely held religious beliefs, including those regarding sexuality, in writing. Every church and ministry should include their foundational beliefs regarding sexuality, among other core beliefs, in their governing documents. The General Council has Position Papers on these issues; however, practically, it is better to adopt a short statement on sexuality that sits within a greater overall statement that outlines core biblical beliefs. This shows that the church or ministry isn't just singling out one issue or protected class but that adhering to God’s design for sexuality is a core tenet of the ministry’s faith, teaching, and practice.

Core documents. Once a church or ministry has adopted such a statement, it is free to craft policies consistent with those religious beliefs. For example, a church or other ministry should adopt a physical privacy policy making it clear that its restrooms, showers, changing areas, and other private spaces are to be used by the designated biological sex only. A church or ministry might also have a single-stall restroom that allows a person of either sex to use it and serves as an alternative option for those experiencing gender dysphoria.

Consistency. Once these religious beliefs and policies are communicated clearly in writing, it is crucial for them to be applied consistently. Consistency is evidence of sincerity in a court of law and is a way to love our neighbors well. I have seen many situations where a church’s or ministry’s beliefs and policies were not communicated clearly, or staff was not trained properly on serving those experiencing gender dysphoria. These deficiencies either cause staff to respond in a way contrary to the ministry’s teaching or cause the ministry to backtrack on a decision or response by a staff member. From my vantage point, these have been some of the most difficult situations to navigate well and often result in severe relational roadblocks between the ministry and the individual who desperately needs to be loved and experience the transformational power of the Gospel.

So, to protect the church or ministry and to be a better neighbor, every ministry should communicate and train staff about its religious beliefs regarding sexuality, create policies that flow out of those beliefs, and consistently adhere to those beliefs and policies. 

Practical Employment Scenarios

If an individual experiencing gender dysphoria applies for employment at an AG church or ministry, what is the best response?

As I stated above, all AG churches and ministries should clearly communicate their religious beliefs, including on matters of human sexuality. All employees should be required to affirm those beliefs as a condition of employment. Similarly, employees should assent to a Christian code of conduct that covers their personal and professional lives. Moreover, it should be clear on any employment application that the entity is a religious ministry that employs those of the same faith, belief, and practice.

In my experience, an applicant who has adopted a gender identity inconsistent with his or her biological sex generally will neither affirm AG beliefs regarding human sexuality nor agree to abide by an associated code of conduct. This reduces practical issues and mitigates the church’s or ministry’s legal risk.

Pronoun usage. Pronoun usage should reflect biblical Truth about how God made human beings: in His image, both male and female. Any request to use a pronoun incongruent with the individual's God-given biological sex should be declined and used as an opportunity to minister to the individual. While one can avoid using pronouns altogether, as Rosaria Butterfield highlights, “pronoun hospitality” lends “false credibility to a wolfish theology that fails to protect the sheep. Instead, it eats them alive.” A number of de-transitioners and others who advocated for “pronoun hospitality” have since reversed their position as this ideology has taken hold around the world.

Sex-specific ministries and breakout groups. Based on the preceding rationale, male and female ministries, and breakout groups should be separated according to biological sex to reflect AG religious beliefs on sexuality best. Unless a person’s speech, behavior, physical characteristics, or information received from the person’s family or close friends clearly contradict what a person says, churches and faith-based ministries should allow individuals to determine their own participation in single-sex ministry. This should be reflected in relevant policies and consistently enforced to the best of a ministry’s ability.

Ministry housing, especially as it relates to Christian camps. Faith-based ministries that offer overnight lodging, like camps, should adopt clearly stated beliefs on sexuality that guide their operational policies. Camps should then adopt policies on how cabins will be assigned, based on biological sex or by family, depending on the cabin accommodations. Any such policy should reserve the right to make assignments as appropriate to the camp.

It is also important for camps to consider how to navigate issues presented by individuals experiencing gender dysphoria. Though camp may be a unique opportunity to minister to children or adults experiencing gender dysphoria, overnight accommodations and restroom usage can create difficult situations. And there are different groups of people who the camp must consider in making these decisions.

Some ministries may desire to include individuals experiencing gender dysphoria so long as the person is willing to abide by policies requiring him or her to participate according to their biological sex (e.g., concerning dress codes, housing, restroom assignments, etc.). If so, these policies should be clear at the admission stage and throughout the ministry event.

Different considerations arise with an individual who has pursued various surgical transitions. Suppose that individual is willing to participate according to his or her biological sex. In that case, the camp may still need to consider whether the facilities can accommodate an individual who physically presents as the opposite sex, particularly in shower and restroom usage and where the individual sleeps. Having camp admissions and operational policies that address these considerations can mitigate challenges as they arise. In general, the best way to address these situations is by providing individual restrooms, showers, and cabin accommodations.

Challenge Accepted

Fulfilling the call to be a pastor, or other ministry leader is more challenging today as our society and culture continue to embrace distorted views of what it means to be human, including ideas that contradict God’s design for men and women. But God is always at work in His world, and His love and grace can still penetrate broken, rebellious hearts. You’re playing a role in being God’s vessel to those He longs to redeem and bring to Himself. This reality should give every ministry leader courage to carry out the work God calls us to, no matter how daunting or difficult the task may seem. Continue to be a light to those you serve. And remember that if you face daunting legal challenges seeking to stifle your ministry and mission, Alliance Defending Freedom is here for you.

The information contained in this article should not be construed as legal advice. For specific questions or to obtain legal advice, we recommend becoming members of Alliance Defending Freedom's Church and Ministry Alliance. For more information, please visit ADFChurchAlliance.org or contact Alliance Defending Freedom at 1-800-835-5233.