Across the nation state legislative sessions are underway. Though we typically think of Washington, D.C., as the primary location for policy change, the realities of a polarized nation and nearly evenly divided federal legislature make it difficult for substantial decisions to be made at a national level. As a result, state legislatures are in a position to make more consequential decisions in the policy areas that Southern Baptists care about and have addressed.
One of the ministry assignments of the ERLC is to assist churches through the communication and advocacy of moral and ethical concerns in the public arena. While the public arena is often thought of federally, it is also just as important locally. We will continue to serve and partner with state conventions and state advocacy groups on the issues of missional priority that are not just of national importance, but state importance as well.
Perhaps the best picture of state-level engagement has been seen in the aftermath of the overturning of Roe v. Wade. Since the historic Dobbs decision, the pro-life movement has significantly shifted focus to the states. Though there certainly remains a role for federal legislation, it is now up to each state to decide the status of abortion. As a result, there is a greater opportunity than ever before for the citizens of each state to advocate for both protections for the preborn and care for vulnerable mothers. We’ve already seen creative action from several states to do more to meet the needs of abortion-vulnerable women and empower them to choose life in their states.
Beyond protecting life, there are several other issues being legislated at the state level that are of interest to Southern Baptists. Just as the ERLC advocates for life, religious liberty, marriage and family, and human dignity at the national level, many of these same issues are currently being considered in state legislatures. Some of these include gambling, conscience protections for medical professionals, gender-transition procedures, the abortion pill, predatory lending, and more.
The following review is not an exhaustive list of policy priorities but just a few examples of current debates happening at the state level where Southern Baptists may choose to engage. Regardless of the current state or outcome of these specific pieces of legislation, we look at these policies to chart a hopeful vision for the landscape of state legislatures in this season and years to come. Our hope is that this document will serve as a framework for engagement as believers and policymakers alike review the thousands of proposals made in each state this legislative session. For any of these proposals, we would encourage interested readers to engage with their Baptist state convention whose team will have the latest information about developments related to these bills.
Religious Liberty
The Baptist Faith and Message summarizes the biblical teaching on religious liberty and freedom of conscience, a distinctive passed down to us from our Baptist forefathers and foremothers, some of whom were imprisoned or executed as they stood for these truths. Moreover, our Baptist ancestors in the United States were instrumental in the crafting and adoption of the First Amendment to our Constitution, which guarantees free exercise of religion for all, and forbids the establishment of a religion. Recent years have seen simultaneous gains for religious freedom in the courts and threats from administrative and legislative action. The following issues are a few areas where we see key debates about religious liberty happening in the states:
Support conscience protections for healthcare workers
No healthcare worker should feel compelled to compromise their deeply held beliefs in order to continue serving others. Now, both in a post-Roe world and as our country’s views on issues of sexuality and gender have shifted rapidly, healthcare providers are being increasingly mandated to participate in or provide insurance coverage for procedures and practices that conflict with their religiously-informed consciences. In the states, there are opportunities to advocate for the protection of consciences in legislation. This session, Kentucky is one state considering such legislation:
- House Bill 58 seeks to prevent any discrimination or criminal action against a medical practitioner, health care institution, or health care payer who chooses to not participate in a health care service on the basis of conscience.
Southern Baptists spoke to conscience protections at the 2019 annual meeting through a Resolution on Protecting Religious Liberty and at the 2016 annual meeting through the Resolution on Biblical Sexuality and The Freedom Of Conscience.
Support state Religious Freedom Restoration Act efforts
In 1993 Congress passed the Religious Freedom Restoration Act (RFRA) which served the purpose of preventing other laws passed on the federal level from inducing a substantial burden on an individual’s religious freedom. Many Supreme Court cases have relied on RFRA in rulings, one most notably being Burwell v. Hobby Lobby Stores. The original intent was for RFRA to apply to all three branches of government and both federal and state governments. However, the Supreme Court ruled that the application of RFRA to the states was an overreach. In response, 23 states have passed their own RFRA. This session, there are more states considering a Religious Freedom Restoration Act, and we want to see more do the same. One such state is Michigan:
- The Michigan Religious Freedom Act would limit the state of Michigan’s governmental actions that would cause a substantial burden on a person’s exercise of free religion.
Southern Baptists spoke to the Religious Freedom Restoration Act at the 2016 annual meeting through the Resolution on Biblical Sexuality and The Freedom Of Conscience.
Protect the religious liberty of foster care and adoption service providers
Across the country, child welfare and child protection systems are overcrowded and under significant strain. Unfortunately, it is in this context that some states and cities are working to exclude child welfare providers who seek to operate in a manner consistent with their religious convictions. This leads to fewer families available for foster care and adoption. Legislation is needed that would prohibit government discrimination against child welfare agencies on the basis of their beliefs and ultimately protect children in the foster system and children waiting for adoption by ensuring that a wide range of child welfare providers are available to serve them. This session, Iowa is one state considering such legislation:
- Senate Bill 119 aims to protect the rights of “any person that advertises, provides, or facilitates adoption or foster care” and their religious beliefs. Our hope is that more states pursue legislation similar to this in an effort to preserve religious liberty and help vulnerable children find a place to call home.
Southern Baptists spoke to religious liberty at the 2019 annual meeting through a Resolution on Protecting Religious Liberty.
Sanctity of Human Life
The Baptist Faith and Message summarizes the biblical revelation that every person bears the image of God, and thus, is worthy of protection and dignity, regardless of age, level of ability, or stage of development. 2022 was a monumental year for life in the United States. After 50 years of dedicated advocacy, the disastrous precedents in Roe and Casey were overturned, sending the issue of abortion largely back to the states. While there certainly is a role for the federal government to play, states now primarily have the responsibility to restrict and regulate abortion. Some states have already completely banned abortion while others have worked to become “abortion destinations.” Each state has unique challenges and opportunities to protect the preborn. The following issues are a few areas where we see key debates about life happening in the states:
Oppose any efforts to expand abortion access or enshrine a constitutional right to abortion
Since the Dobbs decision, many states are working to enshrine and expand abortion access and become “abortion destinations,” even going as far as considering constitutional amendments to safeguard future access to abortion. Others are considering efforts to repeal the pro-life laws currently in effect in their states. This session, many state legislatures are considering such bills that would expand abortion access and take more preborn lives. Three examples of this type of legislation being considered are:
- The Right to Reproductive Freedom with Protection for Health and Safety is a constitutional amendment proposed in Ohio which will make abortion a constitutional right within the state.
- Alabama House Bill 17 would repeal Alabama’s current pro-life law that charges “any person who induces or attempts to induce an abortion, miscarriage, or premature delivery” with a misdemeanor.
- Maryland House Bill 705 would amend the Maryland Constitution to enshrine “reproductive rights,” codifying a right to abortion. Other states, such as California, are pursuing similar strategies. We believe Southern Baptists should unequivocally oppose the codifying of abortion in any state.
Southern Baptists spoke to abortion at 2022 annual meeting through the Resolution On Anticipation of a Historic Moment in the Pro-life Movement
Support further efforts to restrict abortion through pro-life laws and constitutional amendments as we work toward its end
Since the Dobbs decision, many states have already taken significant steps to restrict or make abortion illegal in their state. It is our hope that other states will follow their lead and take further steps to protect the preborn. While attainable pro-life victories will look different across the country, it is important that each state work toward any positive steps it can to save lives. Some states that already have laws to protect life are considering further steps to amend the state constitution, ensuring that abortion has no place in their state. This session, multiple states are considering bills that would take steps toward the end of abortion:
- Missouri Senate Joint Resolution 8 would amend Missouri’s constitution to ban the expenditure of taxpayer money to any clinic, office, or facility which plays any role in the inducing or performing of abortions.
- North Carolina House Bill 31 would outlaw abortion after a fetal heartbeat is detected with exceptions for a “medical emergency.” The bill would also provide conscience protections for healthcare workers who do not wish to participate in abortion procedures because of their beliefs.
Southern Baptists spoke to abortion at 2022 annual meeting through the Resolution On Anticipation of a Historic Moment in the Pro-life Movement
Support efforts to end the proliferation of chemical abortions
Chemical abortion (sometimes referred to as medication abortion or the abortion pill) is a method that uses an abortifacient to stimulate uterine contractions and end the pregnancy in a process similar to a natural miscarriage. As surgical abortion procedures have declined, chemical abortions have risen, making up 53% of the total in 2020. As many states severely restricted or banned access to abortion following the Dobbs decision, it is likely that this number will continue rising. These drugs not only take the life of a preborn child but also pose serious threats to the women who take them. However, the FDA in 2021 moved to increase access by permanently allowing these abortion pills to be delivered by mail. In January of 2023, the FDA moved to allow local retail pharmacies to dispense these drugs in states where it is legal, furthering the accessibility of these life-taking drugs and putting more women and preborn children at risk. This session, one state considering legislation to regulate this predatory industry is Wyoming:
- Senate Bill 109 prohibits manufacturing, distributing, prescribing, dispensing, selling, or transferring of any chemical abortion drug for the purpose of procuring or performing an abortion.
Southern Baptists spoke to abortion at 2022 annual meeting through the Resolution On Anticipation of a Historic Moment in the Pro-life Movement
Southern Baptists spoke to abortion causing drugs at the 2019 annual meeting through a Resolution on Protecting Religious Liberty.
Oppose physician-assisted suicide and all euthanasia efforts
Physician-assisted suicide is currently legal in nine states and the District of Columbia, as well as Montana by court decision. This is a practice in clear conflict with ethical principles of the Bible and from both a biblical worldview and the Hippocratic tradition. There is currently a concerted effort in several states to legalize and expand this practice. This session, New York is one such state considering such legislation:
- The Medical Aid in Dying Act would add a new article to the public health law allowing terminally-ill patients to request and use medication to end their lives.
Southern Baptists spoke to physician-assisted suicide at the 1996 annual meeting through the Resolution On Assisted Suicide.
Family and Marriage
The Baptist Faith and Message affirms the biblical teaching that “God has ordained the family as the foundational institution of human society. It is composed of persons related to one another by marriage, blood, or adoption.” It continues in saying that “Marriage is the uniting of one man and one woman in covenant commitment for a lifetime.” These gifts of marriage and family are creation ordinances and blessings from God, foundational to human flourishing. States have many opportunities to advocate for policies that maintain and protect these essential aspects of life together. The following issues are a few areas where we see key debates about marriage and family happening in the states:
Support pro-family policy in a post-Roe world
If the family is the most foundational unit of society, it is crucial that all aspects of policy provide a platform for families to thrive and flourish. An essential aspect of our advocacy for life in this new, post-Roe world must be for policies that address financial insecurity and other key factors that drive women to seek abortions. States have the opportunity to pursue policies that remedy marriage penalties, empower abortion-vulnerable women to choose life, and provide baseline levels of support for new parents. This is consistent with the 2022 SBC Resolution that urged a focus on “pro-life and pro-family policies that serve and support vulnerable women, children, and families” as we work to “eliminate any perceived need for the horror of abortion.” Two examples of such proposals are:
- Indiana House Bill 1009 would increase the responsibility of the father in regards to assisting the mother with pregnancy expenses. Indiana already orders the father to help support various pregnancy expenses, but this bill narrowly adds “postpartum expenses” and “other necessary expenses incurred in connection with the child’s birth” to the list of covered expenses.
- Tennessee Senate Bill 529 aims to help families by waiving sales and use tax on diapers, wipes, and infant formula, helping families better take care of their children and assisting vulnerable mothers in choosing life.
Southern Baptists spoke to pro-family policy at the 2022 annual meeting through the Resolution On Anticipation of a Historic Moment in the Pro-life Movement.
Support adoption and foster care policies
The defense of vulnerable children is woven through a wide variety of policies, from religious liberty concerns involved in adoption and foster care to the various support of families as they work to take care of children in the adoption and foster care system. States should pursue policies that would support and strengthen adoption, making it both more affordable and accessible. Some states are already taking proactive steps to support vulnerable children, and this session, two of those states are South Carolina and New Hampshire:
- House Bill 3593 in South Carolina would provide a tax credit for any adoption expenses incurred with a domestic adoption. This legislation helps raise the economic burden of adoption on families with an aim for more families being able to adopt.
- Senate Bill 172 in New Hampshire would extend Temporary Assistance to Needy Families (TANF) benefits to foster families and court appointed guardians who had been previously excluded from the program.
Southern Baptists spoke to adoption and foster care at the 2009 annual meeting through the Resolution On Adoption and Orphan Care
Advocate for a biblical view of gender and sexuality
Scripture is clear that marriage is between one man and woman, and that every person is made in the image of God. Our culture is radically turning aways from this foundational biblical view of gender and sexuality, and the repercussions are devastating. States have many opportunities to push back against harmful gender-transition practices and affirm the foundational rights of parents in decision-making regarding their children. Two examples of legislation pursuing those goals are:
- Tennessee’s Youth Health Protection Act seeks to make it unlawful for a minor to undergo any medical practice which changes the minor’s presentation or appearance in a way that is contradictory to their biological sex. The law also protects parental rights and state funds. House Bill 470, in Kentucky, is another example of a proposal seeking to protect children from these procedures.
- Georgia’s Parents and Children Protection Act of 2023 would increase the rights of parents in schools and require parental consent to discuss sensitive topics surrounding gender and sexuality and for a student to be recognized as being of a different gender.
Southern Baptists spoke to a biblical view of gender and sexuality at the 2014 annual meeting through the Resolution On Transgender Identity.
Human Dignity
The Baptist Faith and Message both affirms the biblical revelation that every person bears the image of God, and thus, is worthy of protection and dignity, regardless of age, level of ability, or stage of development and echoes the biblical mandate to seek justice and righteousness, especially for those who are vulnerable. God revealed in the words of the prophet Micah: “He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?” (6:8) In our advocacy for fair and impartial judgment and equitable treatment of the unjustly oppressed and marginalized, we bear witness to a God who is ultimately the just Judge, and to a gospel that saves all who believe without partiality. States have a number of opportunities to enact policies that recognize the dignity of all. The following issues are a few areas where we see key debates about human dignity happening in the states:
Oppose the legalization and expansion of recreational marijuana
According to the CDC, the use of mairjuana can have significant effects on a person’s brain, specifically relating to memory, learning, decision-making, and other traits. As Christians we believe in the imago Dei, that all people were made in the image of God, that includes not only spirit, but body as well. The effects of marijuana not only negatively impact the user but also can be a detriment to relationships and families. This session, Oklahoma was one state considering expanding access to this harmful substance:
- SQ820 was a ballot initiative for Oklahoma voters which would have officially legalized marijuana in the state for people over the age of 21. If passed, personal use of marijuana would have become legal, regulated, and taxed. Thankfully, Oklahoma voters defeated this ballot initiative in early March. This defeat serves an encouraging roadmap for other states to oppose the legalization and expansion of recreational marijuana.
Southern Baptists spoke to recreational marijuana at the 1973 annual meeting through the Resolution On Alcohol And Other Drugs.
Oppose the expansion of gambling and sports betting
As nearly every state across the country has loosened restrictions on gambling, Americans spent approximately $213 billion on legal betting alone in 2021. Online sports betting has spread rapidly, making it easier than ever to become trapped in the addictive and destructive cycle of gambling. Churches across the convention have repeatedly shared that this issue is a key driver in the tearing apart of marriages and families in their congregations. This session, Georgia is one such state considering this type of legislation:
- The Georgia Sports Betting Integrity Act will legalize online sports betting in the state. Sports betting has rapidly spread across the country and is quickly trapping many through its addictive, predatory nature. Many other states have recently legalized sports betting or are considering doing so.
Southern Baptists spoke to gambling at the 2017 annual meeting through the Resolution On The Sin Of Gambling.
Support payday lending regulations
Payday lending is an industry that preys on the poor through offering short-term, small-dollar loans at exorbitantly high interest rates. The average annual interest rate on a payday loan is 400%, trapping the poor in cycles of despair and debt. These practices should be regulated to restrict this industry’s ability to prey on the poor among us. This session, South Carolina is one state considering this type of action:
- Senate Bill 67 would cap the effective annual percentage interest rate at 36% for payday loans.
Southern Baptists spoke to payday lending at the 2014 annual meeting through the Resolution On Predatory Payday Lending
Support efforts to combat and prevent sexual abuse
Sexual abuse is an evil that the SBC will unequivocally fight against. We first and foremost wish to see a world in which no one suffers any kind of abuse. Subsequently, we recognize the necessity of just policies that will prevent abuse and serve justice to abusers. Mississippi and Washington are taking proactive steps toward combatting sexual abuse:
- Mississippi House Bill 1371 addresses the behavior of physicians, therapists, clergy, or spiritual leaders in relation to someone in their care. This legislation addresses mandatory reporting and increases the scope of available disciplinary actions and criminal punishments for abusers.
- Washington Senate Bill 5280 expands mandated reporter requirements regarding child abuse or neglect to clergy, with an exception for information obtained by clergy while performing their duties in receiving confession.
Southern Baptists spoke to sexual abuse at the 2022 annual meeting through the Resolution On Support for Consistent Laws Regarding Pastoral Sexual Abuse and at the 2019 annual meeting through the Resolution On The Evil Of Sexual Abuse.
Support efforts to improve prisoner reentry
True justice executed by the government not only punishes wrongdoers but also upholds the dignity of both parties and provides a path toward reconciliation for the offender. Oftentimes, the formerly incarcerated face significant challenges in obtaining housing, education, and employment, making reentry into society more difficult and recidivism more likely. States have an opportunity to support policy changes that strengthen families and reintegrate past offenders to their communities. One state considering such legislation is Oklahoma.
- Senate Bill 11 removes barriers to state financial aid for incarcerated students allowing for greater opportunities and lower risk of recidivism upon reentry.
Southern Baptists spoke to prison reentry at the 2013 annual meeting through the Resolution On America’s Growing Prison Population.
