The new state laws effectively curbing online porn
By / Aug 11

A recent article in Politico Magazine about a Louisiana law HB 142 has gone viral because of its astounding headline:  A Simple Law Is Doing the Impossible. It’s Making the Online Porn Industry Retreat. “Unlike past efforts to curb online porn that had simply declared the sites a danger to public health, these laws are not symbolic,” writes Politico’s Marc Novicoff. “And they are having real effects on how the massive online porn industry does business.”

Novicoff is referring to laws passed earlier this year that requires users to prove they are 18 or older before accessing pornographic websites. Louisiana was the first state to pass such a law, with similar bills passing in six other states—Arkansas, Montana, Mississippi, Utah, Virginia, and Texas. 

The positive effect of such laws—traffic to Pornhub has dropped 80% within Louisiana—shows why similar legislation should be adopted by other states and highlights why these efforts deserve the support of Christians across the country.

What is the Louisiana law HB 142?

The Louisiana law, known as HB 142, was the first of this type of legislation and provides a model for how they can work.

The process: That law requires users in that state to prove they are 18 or older before accessing sites that contain at least 33.3% pornographic material that is “harmful to minors.” To meet this requirement, users must show government-issued identification, such as a driver’s license, to verify their age. (Louisiana is one of the few states in the U.S. that allows residents to store government-issued IDs digitally on their smartphone.) Doing this helps to prevent minors from accessing adult content and ensures that the websites are complying with age verification laws.

The penalty: Companies that violate the Louisiana law can be sued for damages in civil court by the parents of minors who were able to access the site without being verified. The law makes it clear it does not apply to legitimate uses, such any “bona fide news or public interest broadcast, website video, report, or event,” nor does it “affect the rights of any news-gathering organizations.”

Why should state laws curbing online porn be embraced?

While some privacy advocates have expressed concerns about the law, there are several reasons why this is a legal approach to curtailing pornography that should be widely embraced.

1. Such laws protect minors from exposure to adult content

Christians and other anti-pornography advocates make no apologies for wanting to see all pornography banned. But the primary reason for these laws is the more limited effort to protect minors from exposure to adult content. By requiring users to prove their age before accessing pornographic websites, the law ensures that children and teenagers are not exposed to inappropriate content. 

Decades of social science research has shown that exposure to adult content can have negative effects on young people, including:

  • increased sexual activity,
  • risky sexual behavior,
  • and negative attitudes toward women.

By preventing minors from accessing adult content, these laws are helping to protect young people from the negative effects of porn.

2. Such laws ensure compliance with age verification requirements

Another reason why the Louisiana law is a particularly helpful model is that it ensures compliance with age verification laws. Many states have laws that require websites to verify the age of their users before allowing them to access adult content. However, these laws are often not enforced, and many websites ​either do not comply with them or do so in a way that negates the effectiveness and intent.

By requiring users to show government-issued ID to prove their age, the Louisiana law ensures that websites are complying with a community’s efforts to protect its children.  

The law also puts the onus for compliance and enforcement on the community. Louisiana doesn’t identify which companies need to comply. Instead, the state allows companies to determine for themselves whether or not they decide to implement age verification to avoid legal liability. Parents, rather than the state, also bear the burden of determining harm and seeking restitution.

3. Such laws do not pose an undue threat to user privacy

Some privacy advocates have expressed concerns about the Louisiana law HB 142, arguing that it could lead to the collection of sensitive personal information. However, the law is designed to protect user privacy by:

  • requiring that the information be collected by third-party sites—rather than the porn websites,
  • and that all information contained on the user be deleted within 30 days of verification.

This means that websites cannot collect and store user information, which helps to protect user privacy. 

Additionally, the law only requires users to show government-issued ID, which is already required for many other activities, such as buying alcohol or tobacco products. Therefore, the law does not require users to provide any additional personal information beyond what is already required for other activities intended to protect minors from harm.

4. Such laws encourage other states to take efforts to protect our children 

These laws have already provided a positive example for other states to follow. If adopted by a majority of states, it could reshape the landscape of the internet in the U.S., reinforcing the importance of responsibility and accountability in the digital age.

While the main focus is on protecting minors from adult content, the implications of such laws go beyond this. They highlight the broader issue of how society should regulate online pornography to ensure the safety and well-being of its users, particularly among the most vulnerable groups.

The ripple effects of these laws can already be seen, with discussions and debates arising in legislative chambers across various states. This reflects the widespread recognition of the potential dangers of unrestricted access to adult content for minors and the need for concrete steps to address it. It’s also an invitation for tech companies and website developers to innovate in creating more robust age-verification mechanisms that are efficient, user-friendly, and respectful of user privacy.

Whether we should be all that concerned about the privacy of pornography users is debatable. What we should not do is put such concerns ahead of our need to safeguard the well-being of minors in the digital age. The Louisiana law HB 142 and the ones that have followed serve as pioneering models, emphasizing the importance of finding creative legal solutions and setting the stage for broader discussions on how best to navigate the complexities of the internet.

As other states consider similar legislation, it’s imperative that lawmakers are aware that Christians support such efforts to protect our children from the soul-destroying evil of pornography. 

The history of Light magazine
By / Jul 21

The Southern Baptist publication Light magazine was launched 75 years ago in 1948. It was relaunched in 1964, again in 1978, and yet again in 2015. Light may be the most relaunched denominational publication in the history of the Southern Baptist Convention.

Throughout its history, one thing has remained the same: the publication has been dedicated to providing insightful articles, commentaries, and reviews on various topics such as moral and social issues, cultural trends, and biblical principles.

Light has featured contributions from some of the most prominent voices in evangelicalism, including Richard Land, Russell D. Moore, and Albert Mohler Jr. Today, under the leadership of ERLC President Brent Leatherwood, the magazine remains committed to exploring the intersection of faith and culture, promoting Christian thinking on ethical issues, and advocating for religious freedom and human dignity.

In addition to its print edition, Light also offers an online presence through the ERLC website, where archived articles and issues can be read online or downloaded as a PDF for free.

The history of Light

Light was first published by the Social Services Commission (SSC) of the Southern Baptist Convention (SBC), a forerunner of the ERLC, in 1948. The newsletter was published on an irregular schedule throughout the 1950s and early 1960s, as the SSC (1947–1952) became the Christian Life Commission (CLC, 1953–1997). It was relaunched in 1964 as “an occasional bulletin in Chrisitian social ethics,” but ceased publication again from 1967–1977.

The publication resumed in 1978 on a regular schedule, until it ceased publication once again from 2013–2014. The publication has occasionally held alternate titles including Christian Life Bulletin (1955–1958), For Faith and Family Light magazine (May–December 2004), and For Faith & Family magazine (2005–2012). Light magazine was relaunched as a print and online magazine by the ERLC in the summer of 2015. 

Notable articles and issues from Light’s history

Here is a sampling of some of the noteworthy issues and articles from previous decades.

May 1948: A Conference of Christians on World Peace

The inagural issue of Light began with a statement by individuals “concerned about the serious drift toward war” with the Soviet Union. The issue also claimed that “The Military of this country [the United States] is in an all out campaign to dominate the total life of America” and that “While the Military beat the drums of war and call men to worship the power of the atom bomb it is an hour for Christians to call men to the God of All Power, whose redeeming love can unite the world in brotherhood and peace.”

November 1957: A Pastor Looks at Integration in Little Rock

During the early civil rights era, Light published a sermon by an SBC pastor in Little Rock where racial integration of public schools was about to begin. “There are those who base their extreme opposition to integration upon their interpretation of the Scriptures,” says Dr. Dale Cowling. “These individuals are sincere beyond question. They are simply greatly mistaken in their efforts to prove that God has marked the Negro race and relegated it to the role of servant.”

November 1978: Hunger Relief

Throughout the 1970s and 1980s, numerous articles in Light focused on the issue of hunger, both in the U.S. and around the globe (the SBC passed six resolutions on global hunger between 1975 and 1982). This issue provides an example of how the issue was covered by the CLC. 

January 1985: Prosecuting Porn 

The scourge of pornography didn’t begin with the internet. And as this 1985 interview reminds us, the problem isn’t about technology but with the human heart: “There’s no problem with the [anti-obscenity] law. The problem is waking up apathetic Americans and getting prosecutors to do something about pornography. ”

July/August 1999: Who Wins? The Real Cost of Legalized Gambling

Gambling has always been opposed by Southern Baptists. But in 1999, a new form of technology related gambling was becoming prominent—day trading.

March/April 2004: The Connected Generation

Technology wasn’t an issue that gained much attention in the magazine during its first three decades. But beginning in the late 1990s and throughout the 2000s, the publication began to include more ethical consideration of tech in the Christian life. This issue on family and the internet is a prime example. 

Summer 2015: Marriage Redefined? 

Light was relaunched in the summer that the Supreme Court’s issued a ruling declaring same-sex marriage to be a fundamental right. This issue considered the various ways that redefining marriage would affect America and discussed how Christians should respond. 

The ERLC is committed to ensuring that Light remains a trusted source of biblically-informed guidance for Christians, helping Southern Baptists live out their faith in a rapidly changing world. 

See also: The Southern Baptist Historical Library & Archives maintains an online archive of issues from 1948-2004. Issues since 2018 can be found on the ERLC website. 

SBC Becomes First Denomination to Address Ethics of Artificial Intelligence and Emerging Technologies, Guiding ERLC
By / Jun 14

NEW ORLEANS, La., June 14, 2023 —The Southern Baptist Convention became the first national denomination to pass a definitive statement on the ethics of artificial intelligence, which will become the cornerstone of the ERLC’s advocacy on this issue. 

Other significant resolutions were voted on and overwhelmingly affirmed by the messengers of the nation’s largest Protestant denomination during its annual meeting June 13-14 on the topics of immigration and gender transitions. 

The SBC’s Ethics & Religious Liberty Commission will remain a strong voice for dignity on issues of artificial intelligence, immigration and gender, as the resolutions supported the current positions advocated by the organization. 

Brent Leatherwood, president of the ERLC, commented below on each of the three resolutions and how they related to the ERLC’s mission to assist churches by helping them understand the moral demands of the gospel. 

On Artificial Intelligence

“Our resolutions committee deserves all the appreciation we can muster for crafting this first-of-its-kind resolution for any denomination or network of churches. Artificial Intelligence has been a hot topic, both in Washington and on the international stage. This resolution comes at an opportune time and proves once again that even when it comes to the leading edge of emerging technologies, the Bible, as always, gives us principles to guide us in uncharted waters.” 

On Wisely Engaging Immigration

“Our convention of churches has consistently called for a secure border and for immigrants to be treated with dignity. This resolution once again asserts our commitment to these twin principles that should never be pitted against one another. It rightly calls on our nation’s officials to come together and create solutions to solve our immigration crisis.” 

On Opposing ‘Gender Transitions’

“As the Baptist Faith & Message states, gender is a gift and is an essential part of the ‘goodness of God’s creation.’ It is not fluid, self-defined, or subject to the whims of a prevailing culture at odds with biological reality. This resolution rightly affirms those state governments that have taken steps to protect children from becoming pawns in the sexual revolution through harmful interventions and surgeries. At the same time it confirms the SBC will continue to be a strong voice advocating against these exploitative efforts that render far too many children and young people vulnerable.”

The ERLC has long advocated for human dignity, life, religious liberty and marriage and family. To learn more about our work and current priorities, visit erlc.com. 

ERLC joins in supporting parental rights and opposing radical gender ideology in schools
By / Jun 2

Who should decide whether a child should be allowed to identify as transgender? 

In numerous locations across the country, school administrators are saying that they should be the ones to decide—and that they can keep such information from parents. That’s why over the past year, the ERLC has signed onto three different amicus briefs relating to issues of parental rights, transgenderism, and radical gender ideology in schools. 

Two of the cases are currently in federal appeals courts while one is being heard by the Wisconsin Supreme Court. In all three cases—

—the school districts violated parental rights by allowing students to use names and pronouns at school different from those they were assigned at birth, without providing parental notification absent a student’s consent.

Amicus briefs

The ERLC is joining with other groups in contending that such policies violate the rights of parents in two principal ways.

  1. First, their fundamental right to direct the care and education of their children includes the right to decide where the child will attend school, but the school policy improperly denied them critical information to inform that decision.  
  2. Second, by withholding such sensitive information when school officials, in their judgment, suspect parents might be insufficiently supportive, the school effectively labels those parents as abusive of their children, without affording them any due process protections as provided by both statutory and constitutional law.   

The amicus brief is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case. An amicus brief is a learned treatise submitted by an amicus curiae (Latin for “friend of the court”), that is, someone who is not a party to a case who offers information that bears on the case but that has not been solicited by any of the parties to assist a court. 

While it’s impossible to know how any particular amicus brief influences a justice or their decisions, such briefs are frequently cited in court rulings, showing that they can have an effect on legal outcomes. 

Joining with state conventions

In two of the cases, the ERLC is joining the amicus with, among other groups, the Minnesota-Wisconsin Baptist Convention.

In the third case, we are joining with the Baptist Convention of Iowa.

When appropriate, the ERLC wants to come alongside our state conventions and bolster their work promoting sound public policy and pushing back on policies that are harmful to our communities. What happens in these three cases can have national implications, so we want to advocate on an issue—transgenderism—where the SBC has clearly spoken.

How the SBC has spoken

In 2014, messengers of the SBC passed a resolution on transgenderism. That resolution

  • noted that “Some public schools are encouraging parents and teachers to affirm the feelings of children whose self-perception of their own gender is at variance with their biological sex”;
  • expressed the SBC’s opposition to efforts to alter one’s bodily identity (e.g., cross-sex hormone therapy, gender reassignment surgery) to refashion it to conform with one’s perceived gender identity;
  • and stated the SBC’s opposition to “all efforts by any governing official or body to validate transgender identity as morally praiseworthy (Isaiah 5:20).” 

The position was taken out of love of neighbor and a concern for human dignity. As the resolution states, “we love our transgender neighbors, seek their good always, welcome them to our churches and, as they repent and believe in Christ, receive them into church membership (2 Corinthians 5:18-20; Galatians 5:14)” and “we regard our transgender neighbors as image-bearers of Almighty God and therefore condemn acts of abuse or bullying committed against them.”

While all children, including those struggling with gender dysmorphia, should be treated compassionately, parents should be providing that counsel and care—not school administrators. Unfortunately, radical gender ideology is often being furthered in schools without the consent or in conflict with the wishes of parents. We believe that parents should have the right to know what is being taught to their children and any decisions that their child is making in regards to gender and sexuality.

How the ERLC assists SBC churches
By / May 26

The Ethics and Religious Liberty Commission (ERLC) is the SBC entity tasked with speaking for Southern Baptists in the public square and speaking to Southern Baptists on matters of moral importance. As an organization committed to bridging the gap between the moral demands of the gospel and the practical realities of life and society, the ERLC is dedicated to assisting local churches in navigating contemporary issues from a Christian perspective.

One of the key ways the ERLC supports local churches is by helping them understand the moral implications of the gospel for our culture. We provide resources, training, and education to empower church leaders and members in comprehending the ethical demands of their faith and how these principles can be lived out in their daily lives.

We have identified four key areas where our Commission is uniquely positioned to provide a distinctly Baptist voice in the public square on behalf of our convention. Our team continually produces insightful content and analysis in these areas, enabling you to stay informed and engaged. Visit our website to explore the extensive resources available in these categories:

  1. Religious liberty
  2. Life
  3. Human Dignity
  4. Marriage and Family 

Light magazine

By connecting the agenda of the kingdom of Christ to the cultures of local congregations, the ERLC seeks to help churches carry out the mission of the gospel in the world​​. We do this by providing guidance on how to interact with contemporary culture in a way that is both faithful to Christian principles and responsive to current societal needs and concerns.

A key resource in this area is Light, our in-house magazine, which provides in-depth articles, interviews, and thought-provoking content on a range of topics relevant to Southern Baptist churches. We encourage you to explore our past issues by visiting our landing page, where you can access content on pursing a culture of life, human dignity around the world, and being salt and light in the public square.

Ethics primer series

The task of equipping and assisting churches with resources often involves addressing complex moral and ethical issues including bioethics, religious liberty, war, biblical justice, and human dignity. That’s why we have developed our Ethics Primer Series, which provides concise yet comprehensive guides on a variety of topics. These primers serve as valuable resources for you and your congregation.

Digital downloads

Over the years, we have also compiled a library of digital downloads that cover a wide range of subjects, from guidance regarding religious liberty to cultural engagement strategies. These resources are readily accessible on our website, allowing you to equip yourself and your church community with relevant information and practical tools. For instance, check out this resource for pastors on gender and sexuality. 

Public policy 

The ERLC also aids local churches in applying Christian principles to moral, social, and public policy problems. As the public policy arm of the Southern Baptist Convention, the ERLC actively engages with legislation and court cases that have implications for a variety of ethical issues. By doing so, we provide a necessary bridge between local churches and broader societal and political discussions, ensuring the voice and convictions of these religious communities are represented.

Additionally, the ERLC promotes religious liberty in cooperation with churches and other Southern Baptist entities. In a world where religious liberty is increasingly coming under threat, the ERLC advocates for the rights of Christians and other religious groups to practice their faith freely. This work not only involves advocatingat the legislative level but also providing resources and support to local churches facing challenges to their religious liberty.

Past conferences

Over the past six years, the ERLC has held national conferences on such topics as Christ-Centered Parenting in a Complex World, the Cross-Shaped Family, Caring Well: Equipping the Church to Confront the Abuse Crisis, How Christians Can Serve Refugees, Pursuing Unity: A Discussion of Racial Reconciliation Efforts and the SBC, and ​​the Future of the Pro-Life Movement.

As a part of our assignment from the Southern Baptist Convention, the ERLC has sought to be a valuable resource for local churches, providing guidance, representation, and advocacy in matters of ethics, religious liberty, and public policy. Our work empowers local churches to not only understand their faith in more profound ways but also to live it out in their communities, influencing society for the gospel and God’s glory.

Why Christians should care about predatory payday lending
By / May 22

When you hear the phrase “payday loans,” what words and ideas come to mind? Helpful? Useful? Timely? Or words with a more negative connotation like harmful, predatory, and immoral? These are some of the responses given by a group of Christians that took part in a recent survey titled American Views on Payday Loans. The survey of one thousand Christians from 27 states was conducted by Lifeway Research and is part of a larger project sponsored by a coalition of faith-based institutions called Faith for Just Lending.

The responses to this and other questions included in the survey were split and have changed to a surprising degree in the last several years. For instance, since 2016 the percentage of respondents who view payday loans as “helpful, useful, and timely” has doubled, and 34% of Christians living in one of these states “have obtained that type of loan themselves” (also doubling since 2016).

The reason for these changes is mixed. Yet, whatever the reason, Christians would be wise to explore what payday loans are and why they can be so morally and materially problematic.

What is a payday loan?

Barrett Duke writes that payday lending “is the term used to describe the practice of lending small amounts of money to people, usually $350 or less, for two-week periods (i.e., until their next payday). In return, the borrower pays interest on the loan when it is due at the end of the loan period.” 

A payday loan, therefore, is a relatively small amount of money (though surely it doesn’t seem small to those being forced to borrow) that is lent to people to see them through to their next payday. As Duke acknowledges, a short-term loan like this “can provide an important service,” but the terms of the loan often lead to more difficulty on the part of the borrower. In fact, the loans are often predatory in nature. And according to the Center for Responsible Lending, there are more than 20,000 payday loan shops providing these loans in the United States today.

Why are they sometimes called predatory?

Payday lending is a business that preys on the most financially vulnerable among us and those who are most in need of help. 

The Center for Responsible Lending calls payday lending a practice akin to “modern-day usury,” a word defined by Merriam-Webster as “an unconscionable or exorbitant rate or amount of interest.” While the authors of this guide recognize that “lending can empower those in need,” they also warn that “lending can be used to exploit those in need.” In too many cases, payday lending is used for the latter. 

Part of what makes payday lending predatory is the outrageous interest rates that are pinned on the loans—rates that are often veiled by the use of unclear financial speak. Duke uses the example of a $350 loan borrowed at 15%. These terms may sound reasonable to a borrower, “except that this [15%] is the two-week rate, not an annual rate. On an annual basis, that 15% two-week loan is actually provided at a 390% annual interest rate,” which is just shy of the “typical payday lender charge [of] 400%.” 

In addition to the high interest rates and unclear language, payday loans are typically eligible for renewal when a borrower is unable to repay the loan in full. In this scenario, a lender will renew the loan, provided that the borrower pays the interest that’s due. Using Duke’s example from above, on a $350 loan borrowed at 15%, a borrower would pay “the $52.50 [in] interest and extend the loan for two more weeks at another 15% interest,” rolling the unpaid total into the new loan. 

And this is a cycle that can continue almost indefinitely. It’s a business model that profits from borrowers’ inability to pay back their loans and traps them in an ongoing cycle, metastasizing their dues and eventually saddling them with a sizable amount of long-term debt. 

Why should Christians care about predatory payday lending?

Christians should care about predatory lending because its practices exploit and take advantage of our neighbors, whom we’ve been commanded to love. In the Old and New Testaments, Scripture is clear that God’s people should not tolerate injustice, should serve and care for those who are marginalized, and where possible, put a stop to the injustices perpetrated against them. 

Finding themselves in a “tough financial hole,” many of our neighbors “have attempted to use payday loans to dig themselves out.” Unfortunately, what they often find with payday loans is not that they’re digging themselves out but digging themselves deeper. For example, “the typical payday borrower pays back $793 for an initial $325 loan” and, on average, “takes out 9 loans a year.” Frequently, these loans lead to more difficulty, more hardship, and more vulnerability for borrowers.

Predatory lending affects not just individuals, but families and entire communities. Cumulatively, it’s an industry that as of 2010 collected $3.5 billion every year in fees alone (i.e., interest and other fees), making it increasingly difficult for borrowers to make ends meet, for families to put food on the table, and for whole communities to thrive. Christians should care about payday lending because it’s a system that fundamentally “undermines the dignity of borrower[s] when [their] failure leads to success and profit for the lender.” Predatory lending is an issue of biblical justice and human dignity.

How have the SBC and ERLC engaged with this issue?

In 2014, messengers to the Southern Baptist Convention’s annual meeting made their opposition to the practice of predatory payday lending clear by passing a resolution that: 

  • “denounce[d] the practice of predatory payday lending as contrary to God’s design for human relationships;” 
  • “urge[d] churches, employers, and other concerned individuals to provide viable solutions for meeting short-term financial needs within their local communities;” 
  • “call[ed] on governing officials to investigate current payday lending abuses in their communities and institute just regulations and policies that terminate the practice of predatory payday lending;” 
  • and “admonish[ed] those who are engaged in the practice of predatory payday lending to consider the great damage they are causing in the lives of vulnerable people and to adopt a just lending model.”

To that end, the ERLC has long sought to shed light on the predatory nature of payday lending. From writing Issue Briefs like the one referenced above to serving as a member of the Faith for Just Lending coalition, the ERLC recognizes “these practices should be regulated to restrict this industry’s ability to prey on the poor among us” and advocates for policies (like South Carolina’s Senate Bill 67) that seek to do just that. Recognizing that predatory lending is an issue that directly concerns human dignity, the ERLC has made the support of payday lending regulations one of its 2023 policy priorities.

ERLC calls on the Department of Education to reject transgender proposal
By / May 19

Recently, the U.S. Department of Education (ED) proposed a rule change concerning education programs and school activities that receive federal financial assistance.

On April 6, the ED released a proposed rule under Title IX anti-discrimination laws to “clarify” the participation of transgender students in school sports. The proposed rule focuses on sex-related eligibility criteria for male and female athletic teams, specifically advocating for the recognition of gender identity rather than biological sex in determining team eligibility.

ERLC has joined several organizations and scholars in voicing opposition to the proposed rule change, arguing that it undermines the original intent of Title IX, a federal civil rights law that prohibits sex discrimination in education.

Title IX of the Education Amendments of 1972 states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 

The intention of Title IX was to provide equal opportunities for both men and women seeking to participate in educational institutions and extracurricular activities that receive federal funding.

The law has been instrumental in advancing athletic opportunities for girls and women. As  Hannah Daniel, ERLC’s policy manager, said, “Since the passage of Title IX over 50 years ago, women and girls have been afforded new opportunities for advancement in education and athletics.”

However, this new rule establishes that federally-funded schools may violate Title IX if they categorically ban transgender students from participating on sports teams consistent with their claimed gender identity, but it also offers some vague and narrow circumstances where banning transgender athletes could be acceptable.

The ERLC’s letter

In response to the rule change, ERLC President Brent Leatherwood submitted a letter to the U.S. Department of Education expressing concerns about the proposed rule. Leatherwood argues that the rule violates the original intent of Title IX, which was enacted to provide equal opportunities for women and girls. ERLC believes that the proposed rule, which would require schools and universities to adopt gender identity as the student’s sex for purposes of athletic competition, will undermine the purpose of Title IX. This change will also force women to compete against and share bathroom and changing facilities with biological males.

In the letter, Leatherwood raises concerns the ERLC has about the proposed rule’s impact on the biblical truth of binary sexes and biological realities. He argues that the rule would expand beyond these truths and conflate “sex” with “gender,” a shift that hinders the good and flourishing of our neighbors and discounts the human dignity of their fellow citizens. Leatherwood notes,

A refusal to account for biological, sex-dependent differences will legally enshrine inequality in sports by changing the very law that sought to achieve equality in the first place. If the proposed change is accepted, the law created to protect women from discrimination and provide them equality would discriminate against them and make them more unequal than ever before, as they would now be forced to compete and share facilities with biological males, who have distinct physical differences than females.

ERLC is urging the ED to retract the proposed rule so that the original intent of Title IX—to protect women and girls in athletic endeavors—may be realized. The ED is obligated by federal law to respond to each comment before finalizing the rule.

The proposed rule change has sparked a significant concern about the Biden administration’s efforts to undermine the original intent of Title IX. As the discussion continues, it will be crucial for Christians to pray that such efforts will be thwarted and to lobby ​​the federal government to consider the potential effects on all students and the future of athletics in educational institutions.

Explainer: New Title IX rule expands transgender athlete participation in school sports
By / May 16

On April 6, the Department of Education (ED) released a proposed rule under Title IX anti-discrimination laws to “clarify” the participation of transgender students in school sports. This new rule establishes that federally-funded schools may violate Title IX if they categorically ban transgender students from participating on sports teams consistent with their claimed gender identity, but it also offers some vague and narrow circumstances where banning transgender athletes could be acceptable.

On April 15, the ERLC filed public comments in opposition to the change. ED is obligated to respond to each comment before finalizing the rule.

 What is Title IX?

Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in education, stating: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 

Title IX law is intended to provide equal opportunities for both men and women seeking to participate in educational institutions and extracurricular activities that receive federal funding.

How would this proposed rule change Title IX policies?

The proposed changes from ED would bar schools from implementing categorical bans on the participation of transgender students in sports inconsistent with their biological sex. The rule would force schools to implement policies unfair to athletes competing on teams consistent with their biological sex, placing female athletes at high risk of losing their personal privacy, competitive balance, and scholarship and award opportunities.

The stated intention of this proposed rule is to provide “clarity” for federally-funded schools, coaches, and parents on the participation of transgender students in grade school and high school sports. Under the proposed reinterpretation of Title IX, 

  • “schools would not be permitted to adopt or apply a one-size-fits-all policy that categorically bans transgender students from participating on teams consistent with their gender identity.” 
  • Any scholastic efforts to restrict participation based on gender identity must establish criteria “substantially related to the achievement of an important educational objective.” 
  • The criteria must also “minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.” 

Little attention is given to any harms that could be placed onto biological female athletes through less fair and safe competition.

Contrary to ED’s statement, this rule fails to provide clarity on this issue and punishes schools who disapprove of Title IX’s ever-expanding definition of gender identity. To satisfy the department’s new criteria, local school districts may need to disregard policies that require disclosure of gender identity, as well as policies that require transgender students to participate on a sex-specific team matched with their biological sex. 

Why is this problematic?

ED’s proposed change would have sweeping effects that would significantly undermine the original intent and purpose of Title IX. By refusing to account for biological, sex-dependent differences, this regulation would legally enshrine inequality in sports, undermining the very law meant to secure gender equality in the first place.

Not only would this regulation work directly against decades of successful efforts to ensure equal athletic opportunity for men and women, but it would also completely blur the distinctions between men and women and their corresponding team sports. It is clearly unfair and demeaning to female athletes for our nation’s policies to proceed as if biological males are the standard by which they must evaluate their athletic performance.

Additionally, the proposed regulation constructs arbitrary criteria that only considers potential harms to transgender students, wrongly excluding deserving female athletes from the equation. The doctrine of the image of God must compel our leaders to protect dignity, rights, and opportunities for all people, including female athletes. This is not an either-or situation: schools can secure privacy and athletic opportunity for female athletes while still seeking to serve and love transgender students. Sadly, this proposed regulation fails to empower schools to achieve fully inclusive solutions that are right for their local community. 

The new interpretation of rules relevant to transgender athletic participation would penalize academic institutions that choose to protect female athletes. Schools under the jurisdiction of Title IX would no longer be able to define sex as a person’s biological sex from birth, but instead would be forced to adopt gender identity as the student’s sex for purposes of Title IX and its implementing regulations. Though the rule does provide some exceptions and circumstances where it could be deemed acceptable to ban transgender athletes, the exceptions are too vague and subjective to provide real guidance and protections to schools and administrators.

As we argued in our comments:

The exceptions articulated by the Department are as vague as they are hollow. The three factors enumerated are broad and highly subjective, open to vast interpretations from school to school. Yet, the Department’s subsequent commentary about the use of these factors renders the exception virtually useless. Any school or institution seeking to ensure that girls are physically protected as well as have equal access to fair athletic competition enshrined in Title IX, will undoubtedly face criticism and massive litigation costs for any exception they employ. It will be untenable for most schools to protect girls. Additionally, students themselves will be bounced around from team to team as school administrators, forced to comply with these untenable regulations and contend with impending lawsuits, do their best to navigate the subjective murkiness of this guidance.

How has the ERLC responded?

The ERLC has submitted public comments expressing these concerns about the proposed rule and urging ED to retract its policy. The ERLC will continue to monitor these changes and advocate for the recognition of God’s good design for biological sex and the flourishing of all our neighbors.

Explainer: What you should know about ChatGPT and other AI Large Language Models
By / May 12

Over the past year, there’s been increasing debate about the nature and classification of Large Language Models (LLMs) like ChatGPT, an artificial intelligence chatbot developed by OpenAI and released in November 2022. Are these systems truly representative of artificial intelligence (AI)? Do they propose a threat to humans? The answers, as with many things in the complex world of technology, are not as straightforward as they might seem.

What is a Large Language Model?

A LLM is a type of computer program that’s been trained to understand and generate human-like text. It’s a product of a field in computer science called AI, specifically a subfield known as natural language processing (NLP). Chat-GPT (which includes a couple of variations, such as GPT-3, GPT-3.5, and GPT-4) is currently the most popular and widely used LLM.

If you’ve ever started typing a text message on your smartphone, and it suggests the next word you might want to use (predictive text) or suggests a spelling (autocorrect), you’ve used a basic form of a language model. LLMs apply that concept on a larger and more complex scale.

An LLM has been trained on a broad and diverse range of internet text. It then uses a machine learning process, including advanced statistical analysis, to identify patterns in the data and uses that information to generate responses for a human user. The training sets are also incredibly massive. The older, free version of Chat-GPT (GPT-3.5) was trained on the equivalent of over 292 million pages of documents, or 499 billion words. It uses 175 billion parameters (points of connection between input and output layers in neural networks).

When you interact with a large language model, you can input a piece of text, like a question or a statement (known as a “prompt”), and the model will generate a relevant response based on what it has learned during its training. For example, you can ask it to write essays, summarize long documents, translate languages, or even write poetry.

The output produced by such models can often be astoundingly impressive. But LLMs can also produce “hallucinations,” a term for generated content that is nonsensical or unfaithful to the provided source content. LLMs do not have an understanding of text like humans do and can sometimes make mistakes or produce outputs that range from erroneous to downright bizarre. LLMs also don’t have beliefs, opinions, or consciousness—they merely generate responses based on patterns they’ve learned from the data they were trained on.

In short, an LLM is a sophisticated tool that can help with tasks involving text, from answering questions to generating written content.

Are LLMs truly AI?

Before considering whether LLMs qualify as AI, we need to define how the term AI is being used. In broad terms, AI refers to the simulation of human intelligence processes by machines, especially computer systems. These processes include learning, reasoning, problem-solving, perception, and the ability to use human languages. The key term is simulation. AI’s do not have consciousness, so they cannot perform such rational functions as thinking or understanding, or possess such attributes as emotions and empathy.

In the strictest sense, LLMs like GPT-3 fall under the umbrella of AI, specifically the subgroup known as generative AI. LLMs learn from large datasets, recognize patterns in human language, and generate text that mirrors human-like understanding. However, there’s a distinction to be made between what is often referred to as “narrow AI” and “general AI.”

Narrow AI systems, also known as weak AI, are designed to perform a specific task, like language translation or image recognition. Although they may seem intelligent, their functionality is limited to the tasks they’ve been programmed to do. Chat-GPT and similar LLMs fall into this category.

In contrast, general AI, also referred to as strong AI, represents systems that possess the ability to understand, learn, adapt, and implement knowledge across a broad range of tasks, much like a human being. This level of AI, which would essentially mirror human cognitive abilities, has not yet been achieved. Some Christians believe that AI will never reach ​that level because God has not given man the power to replicate human consciousness or reasoning abilities in machines.

While LLMs are a form of AI, they don’t possess a human-like understanding or consciousness. They don’t form beliefs, have desires, or understand the text they generate. They analyze input and predict an appropriate output based on patterns they’ve learned during training.

Are LLMs a threat?

LLMs are a category of tools (i.e., devices used to perform a task or carry out a particular function). Like almost all tools, they can and will be used by humans in ways that are both positive and negative. 

Many of the concerns about AI are misdirected, since they are fears based on “general AI.”  This type of concern is reflected in science fiction depictions of AI, where machines gain sentience and turn against humanity. However, current AI technology is nowhere near achieving anything remotely reflecting sentience or true consciousness. LLMs are also not likely to be a threat in the way that autonomous weapons systems can be. 

This is not to say that LLMs do not pose a danger; they do in ways that are similar to social media and other ​​internet ​​related functions. Some examples are:

Deepfakes: Generative AI can create very realistic fake images or videos, known as deepfakes. These could be used to spread misinformation, defame individuals, or impersonate public figures for malicious intent.

Phishing attacks: Phishing is the fraudulent practice of sending emails or other messages purporting to be from reputable companies in order to induce individuals to reveal personal information such as passwords and credit card numbers. AI can generate highly personalized phishing emails that are much more convincing than traditional ones, potentially leading to an increase in successful cyber attacks.

Disinformation campaigns: AI could be used to generate and spread false news stories or misleading information on social media to manipulate public opinion.

Identity theft: In 2021 alone, 1,434,698 Americans reported identity theft, with 21% of the victims reporting they have lost more than $20,000 to such fraud .AI could be used to generate convincing fake identities for fraudulent purposes.

While there are also many positive uses for generative AI, ongoing work in AI ethics and policy is needed to limit and prevent such malicious uses.

As the ERLC’s Jason Thacker says, a Christian philosophy of technology is wholly unique in that it recognizes 1) that God has given humanity certain creative gifts and the ability to use tools, and 2) and that how we use these tools forms and shapes us. “Technology then is not good or bad, nor is it neutral,” says Thacker. “Technology, specifically AI, is shaping how we view God, ourselves, and the world around us in profound and distinct ways.”

 See also: Why we (still) need a statement of principles for AI