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Articles

A Postlude to Hobby Lobby

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July 1, 2014

Yesterday morning the front page of Hobby Lobby’s website featured a discount on a four-by-six wooden block emblazoned with the simple declaration: “I Pray for America.” Nothing on the page even indirectly mentioned the Supreme Court’s landmark decision yesterday in Burwell v Hobby Lobby, but with regard to the Green family’s vision for an America that respects religious liberty, it’s hard not to conclude that they have been praying for America and that their prayers have been answered.

I’ve followed the progress of this case with keen interest. Academic professionals who study First Amendment law are watching this case. Christians involved with closely held, religiously motivated family corporations have nervously awaited this ruling. Pastors who watch over the souls of sincere believers who try to live out the dictates of their faith in the workplace have wondered what new realities might dawn upon their flocks because of this ruling. I fit into all three of those categories, so Justice Alito today had my rapt attention.

The academic side of me is thinking about the state of religious liberty in the United States after this ruling. It may be more complicated and nuanced than you think. Four realities come to mind.

First, this is a welcome and important ruling, not only because of the relief it gives to Christians engaging in business, but also because of the disapproval it sternly communicates toward a presidential administration that is the most hostile toward religious liberty of any in our nation’s history. The decorum appropriate to the highest level of our federal judiciary precludes name-calling, but the Court’s judgment of the administration was pretty transparent when it said, “HHS’s view that RFRA can never require the Government to spend even a small amount [to pursue its interests in ways less restrictive upon religious free exercise] reflects a [low] judgment about the importance of religious liberty that was not shared by the Congress that enacted that law.” It is encouraging to see the Supreme Court’s willingness to castigate the cavalier manner in which this administration has handled questions of religious liberty.

Second, the Supreme Court has voiced its full-throated support for a holistic view of religious liberty rather than the amputated “freedom of worship” that many sectors of our nation are seeking to advance as a counterfeit of the constitutional doctrine. Religious persecution throughout history has not always consisted of imprisonments and beheadings. Both in first-century Galatia and in eighteenth-century England, governments have sometimes tried to starve believers through economic sanctions rather than to imprison them. The Court has rightly observed that “HHS would effectively exclude [devoutly pro-life] people from full participation in the economic life of the Nation” and has acknowledged that even in its economic form, religious persecution is still wrong. Religious liberty must protect a person’s right to be a Christian (or whatever else) not only on Sunday in the pew but on Monday in the office as well.

Third, religious liberty is still very fragile in our nation. If you’ll look at the Hobby Lobby decision carefully, you’ll notice that the Court ruled in favor of Hobby Lobby based not upon the First Amendment but upon the Religious Freedom Restoration Act of 1993 (RFRA) and the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The Supreme Court did not affirm today any constitutional right; it affirmed a congressionally adopted provision. What Congress giveth, Congress can take away. Since this ruling and every other Supreme Court ruling based upon the RFRA exist only upon the sometimes-capricious whim of our elected legislators, in its next term, Congress could vote to overturn RFRA and Christians would be back on the same hook. Thankfully, we have reason to believe that today’s Congress would not do so, but religious liberty will not be secure in this nation until the Supreme Court’s decision in Oregon v Smith is set aside and free-exercise rights are once again protected by the First Amendment.

Fourth, although religious liberty ought to be and sometimes is a subject matter that unites conservative and liberal Christians, the Hobby Lobby case has demonstrated that this consensus tends to be a one-way street. Conservatives tend to harbor greater opposition to drug use and tend to be less disposed toward interreligious ecumenism, but more conservative groups like the Ethics & Religious Liberty Commission stand alongside left-leaning groups like Americans United for Separation of Church and State and the Baptist Joint Committee for Religious Liberty to oppose rulings like Oregon v Smith and to defend the liberties of Muslims who face opposition when they wish to build mosques. When the shoe is on the other foot—when liberal political objectives like acceptance of same-sex marriage and universal access to free abortion come into conflict with the tenets of religious liberty—liberal groups tend not to cross the aisle in our direction. The Baptist Joint Committee declined to say anything about the Hobby Lobby case, and Americans United has predictably rubber-stamped the Obama administration’s objectives, with Barry Lynn personally articulating a new mission statement advocating Separation of Church and Life. The greater sincere commitment to religious liberty is demonstrated when one is willing to part company with one’s usual cohort to take an unpopular stand.

The pastoral side of me wonders how this ruling will affect people. I rejoice to think of the people who were in jeopardy who now are not. Some beautiful, creative, redemptive things have happened throughout history when Christians have tried their hands at pursuing their secular employment to the glory of God. The Obama Administration stood poised to make that much more difficult for Christians to accomplish in this country. I rejoice that they have not succeeded. I dare to hope, in spite of the fact that the Obama Administration may very well work around this ruling to serve their allegiance to Planned Parenthood in the end, that the lives of some of the youngest and most vulnerable among us might be saved because of this decision.

This decision presents an opportunity before Christian (for want of a better word) laypeople. The Supreme Court has affirmed our right to embody our faith in our workplaces, and Christ has given us a commandment to do so. That commandment goes beyond our being selective in the way that we purchase insurance. Are we making the most of our opportunity to demonstrate the character of a holy, loving, compassionate, and merciful God in our workplaces? In 1857 Jeremiah Lanphier caught a vision for what it meant to follow Christ in the workplace. A great revival ensued. My friend Geoffrey Kolander spent several weeks last year praying, writing, and laboring for a spiritual awakening among Christian businessmen in Amarillo, TX. Two consecutive SBC presidents have prioritized the need for spiritual awakening in our nation. What would happen if more Christian businessmen followed the lead of the Green family and decided to make their faith an integral part of the way that they pursued their careers?

What would happen if we pastors used this decision not only as an opportunity to talk about religious liberty but as a way to kindle in our congregations a vision for the workplace as a venue in which to live out one’s faith?

The United States Supreme Court understood its role: “Our responsibility is to enforce RFRA as written.” As believers living and working in this society, our responsibility goes far beyond theirs. Let’s not drop the subject with a favorable judicial ruling; let’s show the world what wonderful things can happen when Christian individuals, proprietorships, partnerships, and yes, even corporations, dare to conduct their business dealings to the glory and delight of their Lord.

Bart Barber

Bart Barber has served as the pastor of First Baptist Church in Farmersville, Texas, since 1999. He is married to Tracy (Brady) Barber. Bart has a B.A. from Baylor University in their University Scholars program, an M.Div. from Southwestern Baptist Theological Seminary in Fort Worth, Texas, and a Ph.D. in … Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24