The so-called Virginia Values Act (S.B. 868), which Gov. Ralph Northam (D-Va.) signed on Holy Saturday (the day before Easter Sunday) in the middle of a pandemic, compels churches, religious schools, and Christian ministries to hire employees who do not share their stated beliefs on marriage, sexuality, and gender identity. A companion law (H.B. 1429) requires ministries and others like them to pay for transgender surgery in employee health care plans, a procedure that violates these ministries’ convictions.
Three Christian schools and a Christian network of pregnancy centers are suing Attorney General Mark Herring (D-Va.) in order to prevent Virginia from implementing two pro-LGBT laws that force “people of faith to adopt a particular government ideology under threat of punishment.” The two laws purport to prevent “discrimination” against LGBT people but, in reality, they force Christian ministries to choose between violating their sincerely held religious beliefs or paying hefty fines, as much as $100,000 per offense.
The so-called Virginia Values Act (S.B. 868), which Gov. Ralph Northam (D-Va.) signed on Holy Saturday (the day before Easter Sunday) in the middle of a pandemic, compels churches, religious schools, and Christian ministries to hire employees who do not share their stated beliefs on marriage, sexuality, and gender identity. A companion law (H.B. 1429) requires ministries and others like them to pay for transgender surgery in employee health care plans, a procedure that violates these ministries’ convictions.
“The faith of many Americans inspires them to act for the good of their neighbors and also requires them to abide by its teachings,” Denise Harle, senior counsel at Alliance Defending Freedom (ADF), the law firm representing the Christian ministries, said in a statement. “Our clients offer spiritual guidance, education, pregnancy support, and athletic opportunities to their communities because of the religious beliefs that motivate them. But Virginia’s new law forces these ministries to abandon and adjust their convictions or pay crippling fines—in direct violation of the Virginia Constitution and other state laws.”
“Such government hostility toward people of faith has no place in a free society,” Harle argued.
The lawsuit
The ministries filed a pre-enforcement challenge, a lawsuit designed to convince a court to prevent the government from implementing an unconstitutional law.
In the lawsuit, ADF is representing Calvary Road Christian School in Alexandria (preschool through 6th grade, 250 students), Grace Christian School in Staunton (preschool through 12th grade, 320 students), Community Christian Academy in Charlottesville (K-9, 50 students), and Care Net, a 501(c)3 nonprofit that supports a network of 1,100 pregnancy centers, churches, and other ministry organizations and has approximately 22,000 volunteers.
“For the Ministries, personnel is policy; and so they intentionally employ staff and recruit volunteers who further their respective Christian missions. Virginia’s new laws, however, make this free religious exercise and association impossible — and label these liberties ‘discrimination,’” the lawsuit argues.
S.B. 868 and H.B. 1429 require the ministries to hire employees who disagree with their beliefs on marriage, sexuality, and gender; mandate that the ministries hire employees whose beliefs and lifestyles are “antagonistic to the ministries’ convictions”; prohibit the ministries from firing employees who oppose their missions; require the ministries to provide services in a manner that violates their beliefs; ban the ministries from even communicating their biblical beliefs; make the ministries use their facilities in a way that contradicts their beliefs; and force the ministries to pay for “gender reassignment” procedures in their health plans, even though the ministries object to these procedures.
These laws put the ministries “in an impossible position: they must either abandon the religious convictions they were founded upon, or be ready to face investigations, an onerous administrative process, fines up to $100,000 for each violation, unlimited compensatory and punitive damages and attorney-fee awards, and court orders forcing them to engage in actions that would violate their consciences.”
The lawsuit brings five claims against AG Herring. It claims the LGBT laws violate the ministries’ right of free exercise of religion under the Virginia Religious Freedom Restoration Act; violate their right to free exercise of religion under the Virginia Constitution; violate their right to free speech under the Virginia Constitution; violate the Virginia Constitution’s Establishment Clause; and violate the state constitution’s Due Process Clause.
