What the ERLC is advocating for in government appropriations
By / Sep 28

With a government shutdown looming, Congress is scrambling to find agreement on how to fund the government before this year’s budget runs out on Sept. 30. If Congress is unable to pass the appropriations bills or a short-term continuing resolution (CR) to temporarily extend its current funding, the government will shut down until an agreement is reached.

Though this tedious and dysfunctional process must be completed each fiscal year, it is one with great importance to Southern Baptists because we care deeply about how our taxpayer dollars are being used. As ERLC President Brent Leatherwood wrote in his letter to Congress on this topic, “As a nation, our values and priorities are most clearly displayed through the allocation of our resources. It is our desire for those resources to be used in a way that promotes life, religious liberty, and the flourishing of all our neighbors.”

In light of those core convictions, the ERLC engages each year with the congressional appropriations process, highlighting both areas of concern and support to lawmakers. As negotiations are taking place, we want to make sure the voices of Southern Baptists will be heard.

How is the government funded?

Each year, Congress must move through the appropriations process in order to fund the government. The process should work like this:

  • The president submits his proposed budget process in the early spring,
  • then appropriators in the U.S.House of Representatives and Senate begin drafting each of the 12 appropriations bills that fund different parts of the government.
  • From there, these bills pass the appropriations committees, pass through both chambers, and then go on to the president’s desk for his signature.

All of this work must be completed by Sept. 30, the end of the fiscal year, or Congress is forced to pass a short-term funding patch known as a CR. 

In reality, the president’s proposed budget is largely ignored, and when the House and Senate begin working on their versions of each of these 12 bills, they look vastly different depending on the party in power. Compromise versions of those bills are often combined into a large omnibus or a few smaller minibus bills that make it easier for Congress to pass the bills rather than voting on them individually. The last time Congress passed all 12 bills individually was 1994.

Why does this appropriations process matter?

As trillions of taxpayer dollars are allocated, it is important that we speak into how that money is spent. Without continued advocacy, this money can go toward things that Southern Baptists find objectionable, such as gender transition procedures and abortion at home and abroad. Many of the protections that prohibit government funding from going toward these things and protect consciences must be included each year as a policy “rider.”

As these bills move through a complicated process, there are significant opportunities for harmful provisions to be added in unnoticed or for important protections to be excluded. Consistent advocacy on these issues is essential to ensure the inclusion of important riders such as the Hyde Amendment.

How is the ERLC advocating?

Every year, the ERLC engages in the appropriations process. Our team does a comprehensive review of all 24 of these bills—the 12 House bills and 12 Senate bills. As we wade through thousands of pages of legislative text, we look for anything of concern. Specifically, we’re looking for issues where government funding could be going to an abortion provider or funding gender transition procedures or policies that could implicate the consciences of medical professionals or taxpayers. 

We also look for positive things that we can support, such as expanded protections for life or funding to promote international religious freedom. 

When negotiators are down to the wire and are trying to decide what gets into a final, compromise package, we want them to know the priorities of Southern Baptists and urge them to include what we care about. After we do our review, we make sure that those concerns and priorities are communicated to negotiators and lawmakers on Capitol Hill.

What is the ERLC advocating for?

One thing that we were excited to see in both the Republican-led House proposed bills and the Democratic-led Senate proposed bills was the inclusion of longstanding life and conscience protection riders. These riders, such as the Hyde amendment, provide essential, baseline protections. For the last two years, they have been excluded from the initially proposed House and Senate bills. Though they were ultimately included in both fiscal year 2022 and 2023 appropriations, it is a victory worth celebrating that compromising these protections was not on the negotiating table this year.

However, even with these protections in place, the proposed House and Senate appropriations bills contain several things concerning to Southern Baptists such as increased funding for:

  • abortion providers at home and abroad,
  • “gender specific care” that can go toward abortion-travel,
  • and the United Nations Population Fund.

Additionally, the House State and Foreign Operations bill excludes a longstanding provision known as the Lautenberg Amendment. The Lautenberg Amendment has provided an essential pathway for persecuted religious minorities from former Soviet Union countries, including many Christians, to find safety in the United States.

There are also several provisions in the proposed House bills that the ERLC is urging Congress to include in its final package. These include provisions such as:

  • Prohibiting funding for abortion providers;
  • prohibiting funding for gender transition procedures
  • prohibiting funding for abortion travel;
  • and reinstating important safety precautions for chemical abortion drugs.

Though it remains unlikely that all of these provisions would be included in a compromise package, the ERLC is continuing to advocate for as much progress to be made as possible in protecting life, caring for our neighbors, and upholding conscience rights.

What happens next?

Congress will continue to debate these individual appropriations bills while also considering short-term measures to avert a government shutdown. While a government shutdown looks likely, and it remains unclear how an agreement could be reached to fund the government, the ERLC will continue to advocate on behalf of Southern Baptists and make lawmakers aware of these concerns and priorities.

What is the Equality Act?
By / Jun 27

Last week, the Equality Act was once again introduced into the House of Representatives and the Senate for consideration. This legislation intends to expand the definition of “sex” to include “sexual orientation” and “gender identity” (SOGI) and would revise every title of the Civil Rights Act of 1964 to add these categories as new protected classes in the federal code. Last Congress, the Equality Act passed in the House, but the bill died in the Senate. 

The ERLC affirms the full dignity of every human being. At the 2018 Annual Meeting of the Southern Baptist Convention, the Messengers passed a resolution to “reaffirm the sacredness and full dignity and worthiness of respect and Christian love for every single human being, without any reservation.” But the Equality Act does not advance the cause of human dignity. 

If passed, the Equality Act would punish faith-based charities for their core religious beliefs about human dignity and marriage and would undermine decades of civil rights protections for women and girls. The alarmingly detrimental consequences of the bill pose a significant threat to the deeply held religious beliefs of millions of Americans who honor God’s design for sexuality.

What does this bill mean for religious liberty?

This bill would substantially undermine religious liberty protections in the United States. America has long been a place where people with different views and beliefs have lived at peace alongside each other. Though America has not perfectly lived up to this ideal of a shared nation, it was central to our founding as persecuted religious minorities sought safe harbor in this land. Though cleverly named, the Equality Act is out of step with that American ideal. Equality cannot be achieved while eliminating other basic, fundamental freedoms. Of particular note, the bill would essentially gut the 1993 Religious Freedom Restoration Act (RFRA), a bill which passed with broad bipartisan support and was signed by President Clinton.

By undermining RFRA, the Equality Act would force faith-based child welfare organizations to abandon their deeply held religious beliefs or be shut down by the state. The state-forced closures of such agencies is especially detrimental at a time when multiple crises—including the post-pandemic effects and the ongoing opioid epidemic—have led to increases in the number of children in need of services.

What does the bill mean for women and girls?

Most strikingly, the Equality Act undermines decades of hard fought civil rights protections for women and girls. Single gender spaces, such as locker rooms or shelters, would no longer be protected by law. This departure from a legal understanding of gender as male and female makes women and girls vulnerable to biological males being in their private spaces. For example, shelters for those women and girls escaping domestic abuse or homelessness would be forced to house biological men who identify as female. This legislation disregards the privacy and safety concerns women rightly have about sharing sleeping quarters and intimate facilities with the biological opposite sex.

Another example of the harm this legislation poses to women and girls is in athletics and academics. Since 1972, Title IX has advanced women’s sports and scholarship in remarkable ways. If enacted, the Equality Act would threaten female competition as both areas would then be open to biological males as well.

Are there pro-life concerns in the Equality Act?

Yes. The Equality Act would be the most pro-abortion bill ever passed by Congress. It would redefine the term “sex” to also include “pregnancy, childbirth, or a related medical condition.” This language would roll back federal law that protects the consciences of pro-life nurses and physicians who object to participating in abortions because of their deeply held religious or moral beliefs. These conscience protections carry decades of bipartisan consensus—a consensus that no person should be compelled to participate in an act they believe to be gravely immoral. The Equality Act would also jeopardize the longstanding Hyde Amendment that protects federal taxpayer dollars from funding abortion. There is nothing equalizing about forcing Americans to fund abortion through taxpayer dollars.

How has the ERLC been involved?

The ERLC has worked tirelessly to defeat this bill. We have partnered with a broad coalition of more than 85 faith-based nonprofits, religious entities, and institutions of higher education to highlight the dangers of the Equality Act. We have raised these concerns with members of Congress and the administration through coalition letters and countless meetings with members, administration officials, and their staff. We have also engaged in public advocacy against the bill by producing a suite of resources to inform Christians and the broader public about the pernicious threat of the so-called “Equality” Act.

What’s next?

In the prior Democrat-led House, the Equality Act passed 224-206, with three Republicans joining all 221 Democrats. In the 118th Congress, Republicans narrowly hold the majority seats, but the bill is unlikely to make it to the floor for a vote. Two of the three Republicans who voted in favor of the bill are no longer in Congress, which makes it even more difficult for Democrats to force a vote on the bill. Another obstacle is Speaker McCarthy’s commitment to unifying the Republican majority’s voice in the House to present a strong front before the American people. 

While it is unlikely the bill will be passed in this Congress, its continued appearance presents a larger, on-going threat to human dignity and religious liberty. The ERLC will continue to highlight how the Equality Act erodes fundamental freedoms and undermines the ability of Americans of diverse beliefs to work together for the common good.

The forgotten law at the heart of the abortion pill case
By / Apr 14

A 150-year old law that many Americans have never heard of before is at the heart of the recent ruling on the abortion pill. The Comstock Act of 1873 was passed to safeguard public morality by suppressing the distribution and sale of obscene materials—including information on abortion—through the U.S. Postal Service (USPS).

As part of his recent ruling, a federal judge in Texas determined that the Comstock Act prohibits the mailing of chemical abortion drugs. Originally enacted as part of the Comstock Act of 1873, section 1461 currently declares “[e]very article or thing designed, adapted, or intended for producing abortion,” as well as “[e]very article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion,” to be “nonmailable matter” that the USPS may not lawfully deliver.

Here’s what you should know about the history and significance of the Comstock Act, and the impact it had on American society and the pro-life cause.

Who was Comstock?

During the mid-19th century, American society was experiencing rapid industrialization, urbanization, and social change. This period saw the rise of new forms of communication that facilitated the spread of ideas and information. The increase of printed materials was of particular concern among religious and social conservatives who worried about the potential for the rapid spread of immoral and corrupting content.

Anthony Comstock, a devout Christian and crusader against vice, was at the forefront of this movement. He believed that obscenity, particularly in the form of erotic literature and contraceptives, posed a threat to the moral fabric of American society. He also viewed abortion as a grave moral evil and sought to restrict its promotion through the dissemination of information. To address these concerns, Comstock lobbied for legislation that would enable the government to suppress the distribution of such materials. 

The Comstock Act, officially titled “An Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use,” was passed by Congress and signed into law by President Ulysses S. Grant on March 3, 1873. The act made it illegal to use the USPS to send or receive any “obscene, lewd, or lascivious” materials, including contraceptive devices and information on abortion. Violators faced severe penalties, including fines and imprisonment.

The Comstock Act expanded the powers of the USPS, granting postal inspectors the authority to search and seize materials they deemed obscene. As the act was broadly worded, it gave inspectors wide discretion in determining what constituted obscenity. The act also allowed for the destruction of any materials confiscated, further limiting the circulation of potentially objectionable content.

Comstock, who was appointed as a special agent of the USPS, used his new authority to lead an aggressive campaign against the dissemination of obscene materials and the promotion of abortion. He claimed to have confiscated and destroyed hundreds of thousands of such items, and his zealous efforts earned him both admiration and criticism.

Challenges, impact, and controversy

The Comstock Act faced challenges from advocates of free speech, who argued that the government’s definition of obscenity was vague and subjective, leading to the suppression of constitutionally protected expression. Critics also pointed out that the act’s provisions on contraception and abortion had little to do with obscenity and instead served to impose a particular moral viewpoint on the public.

From a pro-life perspective, the Comstock Act’s restrictions on abortion information can be seen as an important measure to protect the sanctity of life. By prohibiting the distribution of information on abortion, the Comstock Act effectively limited the accessibility and promotion of a procedure that was harmful to both women and unborn children.

Changes in society’s views of morality, however, brought the act’s provisions on contraception and abortion came under increasing scrutiny. The U.S. Supreme Court, in a series of landmark decisions, began to chip away at the act’s restrictions.

In 1965, the court ruled in Griswold v. Connecticut that a state law banning the use of contraceptives by married couples was unconstitutional, as it violated the right to privacy. This decision marked a turning point in the legal expansion of rights related to individual privacy.

In 1971, the court further undermined the Comstock Act in United States v. Vuitch, which dealt with the issue of abortion. The court held that a District of Columbia law criminalizing abortion except when the mother’s life or health was endangered was unconstitutionally vague. This ruling paved the way for the Court’s landmark 1973 decision in Roe v. Wade, which established the constitutional right to abortion.

These decisions significantly undermined the moral values the Comstock Act was passed to uphold. In particular, the erosion of the act’s restrictions on abortion information and access is believed to have helped lead to a devaluation of the sanctity of life and an increase in the number of abortions performed in the United States.

A mostly forgotten, but enduring legacy

From 1873 until today, the Comstock Act has had a lasting influence on American society, shaping the discourse on morality, censorship, and the sanctity of life for 150 years. The act represented an early and aggressive attempt by the government to regulate the content of printed materials and control access to information on obtaining and conducting an abortion.

The role of government: The act’s legacy can be seen in the continuing debate over the proper role of government in regulating obscenity. Although the Comstock Act’s provisions regarding obscenity have been largely dismantled, the tension between the desire to protect public morality and the need to safeguard individual freedoms remains a central issue in the modern era.

Shaping attitudes: An often unnoticed influence of the act is the role it played in shaping attitudes towards the sanctity of life and the value of children. The restrictions on abortion imposed by the Act contributed to a culture that viewed children as intrinsically valuable and sought to protect preborn children. The struggle to dismantle these restrictions laid the groundwork for the modern pro-life movement, which continues to fight for the protection of preborn children and the promotion of alternatives to abortion.

Although largely forgotten today, the Comstock Act of 1873 was a pivotal piece of legislation that had a profound influence on American society and the pro-life cause. While many of its provisions have been removed or undermined, the act’s legacy remains—as the recent abortion pill ruling shows—relevant to the ongoing debates over abortion in America.

Explainer: Department of Education weakens protections for religious groups on campus
By / Mar 27

On Feb. 22, 2023, the Department of Education (ED) released a proposed rule related to the free exercise and free speech of faith-based organizations on college campuses. This new rule rescinds two provisions of the 2020 Trump-era “Free Inquiry Rule” which expanded First Amendment freedoms in ED higher education grant programs. 

On Friday, the ERLC filed public comments in opposition to the change. 

What does this rule do?

The proposed changes from ED weakens protections for faith-based groups on campus and limits their ability to fully participate in student life without compromising their religious beliefs.

The stated intention of this proposed rule is “to rescind regulations related to religious student organizations at certain public institutions of higher education (IHEs) that prescribe a novel role for the Department in enforcing grant conditions related to religious student organizations.” ED claims that the regulations are “not necessary to protect the First Amendment right to free speech and free exercise of religion; have created confusion among institutions; and prescribe an unduly burdensome role for the Department to investigate allegations” of discrimination against religious groups on college campuses.

Despite these claims, ED proposes to rescind two provisions from the 2020 final rule that require all public colleges and universities that are federal grant recipients to comply with the First Amendment. The rule, as enacted in 2020, provides clear protections for these groups, guaranteeing that: 

  • they are officially recognized by the school administration as an official organization, 
  • are able to access campus meeting spaces, 
  • and are able to receive student fee funds like all other groups on campus. 

Each of these assurances are critical to a student group’s ability to participate in campus life. 

Without official recognition on campus, a group’s ability to meet on campus, reserve meeting space, and advertise their events can be greatly curtailed. If student groups are denied access to the pool of funds reserved for all student groups, they are unable to host events, advertise their meetings, or participate in other campus activities. 

Why is this problematic?

Religious groups on campus play an important role in forming students and contributing to campus life. Students’ rights to express their faith and live in congruence with their conscience and faith is a fundamental bedrock of American life and does not end when they cross on to campus property. 

Without the clear protections found in the 2020 rule, the rights of students to freely exercise their faith may be eroded by an administration that finds the tenets of a group’s faith as incongruent with the cultural mores of the day. This is especially worrisome for minority groups, whose deeply held religious beliefs may not align with the prevailing beliefs of the secular institution. 

Prior to the enactment of the 2020 rule, there was confusion across the country amongst campus administrations as to how and when to uphold the First Amendment in regards to religious groups. Countless groups were denied access to buildings, funds, and status on the very basis of their religious status. For example: 

  • In 2018, Embry Riddle Aeronautical College denied a religious student group official recognition because of its requirements that its leaders adhere to the tenets of their faith. 
  • In 2006, the University of Georgia administration denied recognition to a religious student group because of its religious leadership and membership requirements. 
  • In 2009, the University of Texas ruled that a religious group would no longer be recognized because it required its members to agree with its religious beliefs. 

And these examples only scratch the surface. The Christian Legal Society has compiled a list of hundreds of similar instances of discrimination and First Amendment violations of religious groups on campus across the country. 

Without this rule in place, it is likely that more student groups will face similar discrimination, preventing them from contributing to their college campuses without compromising their deeply held beliefs.

How has the ERLC responded?

The ERLC has submitted public comments laying out these concerns with the proposed rule and urging these agencies to reconsider making these changes. Faith-based organizations and students should not be placed under special burdens because of their religious tenets and should be able to freely live out their religious beliefs on campus. 

The ERLC will continue to monitor these changes and look for additional opportunities to raise our concerns and advocate for the protection of religious liberty and free speech.

Explainer: U.S. launches private refugee sponsorship program
By / Feb 20

Recently, President Biden announced a new pilot program to allow for individuals to privately sponsor refugees coming to the United States. Through the program, Welcome Corps, groups of at least five individuals can work together to raise funds to sponsor a refugee. Once the refugee arrives, these individuals, rather than a traditional resettlement agency, will assist them in securing housing, employment, and education for their children for at least 90 days as they integrate into American life.

This new initiative comes at a time where both international displacement is at record highs and the United States has struggled to meet its goals in resettling refugees through the traditional U.S. Refugee Admissions Program (USRAP) process. 

This program presents new opportunities for individuals and churches to be involved in helping the persecuted and welcoming the vulnerable into our communities.

Why does it matter?

As Americans, it can be easy for us to feel distant from refugees around the world and to wonder why these backlogs and challenges matter. But the issues in the resettlement system are affecting the real lives of some of the most vulnerable people on the planet, and a system that was designed to assist them in finding refuge is often leaving them stranded and unable to receive help in a timely and effective manner.

  • The Bible: This matters, first of all, because these people matter greatly to God, and we are called to love, serve, and work for their good. The Bible is unequivocally clear in its command for Christians to care for the persecuted and vulnerable. Throughout the narrative of Scripture, we see God’s call to care for the immigrant and the refugee as vulnerable people made in the image of God (Matt. 25:35-40; James 1:27). 
  • The SBC: The Southern Baptist Convention has reaffirmed this command to care for the “stranger” among us through numerous resolutions declaring “the value and dignity of immigrants, regardless of their race, religion, ethnicity, culture, national origin, or legal status” and encouraging “people to increase their involvement in resettlement of legal refugees through the enlistment of sponsors and the provision of church-centered ministries.”
  • The historic precedent: Historically, people of faith have led the way in resettling refugees. On a national level, six of the nine agencies that work with the U.S. government to resettle refugees have religious roots that motivate their work. Recent polling indicated that 36% of evangelicals have been directly involved in serving refugees and immigrants, and 70% say that the U.S. has a moral responsibility to accept refugees.
  • The new opportunities: This new program will allow us to better serve more of our persecuted brothers and sisters and play a larger role in welcoming them into our communities. It presents new opportunities for Christians to continue leading the way in caring for the most vulnerable among us. For example, it will allow Christians and churches who are in more rural parts of the country or communities where there are not active resettlement agencies to begin taking part in this important work.

How can Christians get involved?

In the first year of this program, the Biden administration is hoping to mobilize at least 10,000 Americans to sponsor at least 5,000 refugees. If you are interested in getting involved, here are a few suggestions:

  • Pray that God would raise up sponsors in the United States to welcome refugees, and that through this service, many refugees would come to know Christ.
  • Consider becoming a sponsor. If you’d like to know more about what this entails, or if a group of church members is ready to take the first steps toward sponsorship, visit welcomecorps.org.
  • Talk to your local resettlement agency. If you live in a community where a resettlement agency is already active, reach out to them and see if there are ways you can partner with them to serve refugees that are already being resettled in your community. 

How does this program work?

Definition of a refugee: Typically, under the Immigration and Nationality Act (INA), a refugee is “an alien who, generally, has experienced past persecution or has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Those who meet this definition may seek refugee status if they are outside of the U.S. or asylum status if they are physically in the country. 

Here is a rundown of how the process works: 

  • The first step for an individual who meets this definition is to register with the UNHCR. The UNHCR then must determine whether the individual qualifies as a refugee and what the best solution for them is. Generally, less than 1% of those who qualify as refugees are ultimately resettled to a third country each year. 
  • Once an individual is referred by UNHCR for resettlement in the U.S., a network of federal agencies and non-governmental organizations work together to conduct intensive security, biometric, and eligibility screenings. 
  • Following these screenings, refugees then must be approved for travel, go through medical exams, and be sponsored by a domestic resettlement agency. 
  • Refugees then face final vetting from Customs and Border Patrol upon their arrival to the U.S. Through these rigorous processes, refugees are some of the most thoroughly vetted individuals who come to America. 
  • Once a refugee is in the U.S., a resettlement agency, in partnership with the U.S. government, works to integrate them into the community and help them successfully start a new life. This process currently takes an average of over five years. This new program will have refugees follow the same process until they reach the U.S. where they will be resettled by individuals rather than a resettlement agency. It will serve as a complement—not a replacement —to the work of resettlement agencies.

Welcome Corps is similar to programs over the last year that utilized private individuals in welcoming and resettling Afghan and Ukrainian evacuees who, because of severe backlogs in the resettlement system, were brought to the U.S. under humanitarian parole, meaning that they did not receive traditional resettlement benefits granted to refugees. 

A number of factors have caused these slowdowns and backlogs throughout the process severely lengthening the amount of time it takes for a refugee to be resettled and limiting the number of individuals able to actually be resettled each year, regardless of the cap that is set by the president. Despite Biden’s goal of resettling 125,000 refugees in fiscal year 2022, the U.S. only resettled just over 25,000 refugees.

As the State Department said in announcing the program:

“The American people have extended an extraordinarily welcoming hand to our Afghan allies, Ukrainians displaced by war, and Venezuelans and others fleeing violence and oppression. The Welcome Corps will build on Americans’ generosity of spirit by creating a durable program for Americans in communities across the country to privately sponsor refugees from around the world. . . By tapping into the goodwill of American communities, the Welcome Corps will expand our country’s capacity to provide a warm welcome to higher numbers of refugees.” 

What we expect in the State of the Union address
By / Feb 7

Today, President Biden will deliver his second State of the Union address. The State of the Union (SOTU) gives the president the opportunity to report to Congress and the American people on the current condition of the United States and provides a policy vision for the upcoming legislative year. 

Unlike last year, Biden is delivering this address to a divided Congress, with Democrats narrowly controlling the Senate and Republicans holding a slim majority in the House of Representatives. Despite these realities, this year presents Biden with his last significant window of opportunity for major legislative action before the 2024 election cycle begins early next year. Looming over this year’s State of the Union is persistently high inflation at home, an intensifying war abroad, and uncertainty about whether the president will seek reelection in 2024.

What do we expect President Biden to address?

Thus far, the contents of Biden’s address have been closely held, so new initiatives that the president would like to call for or major legislation he’d like to push may not be known until the speech begins. However, there are a number of issues that, even without reporting, seem likely to be included. 

Abortion

This will be the first State of the Union given in a post-Roe America. Since the Dobbs decision was released last summer, the Biden administration has taken a number of actions to expand abortion access across the country. In addition to congressional efforts to codify a right to abortion following the ruling, the administration has flexed its regulatory powers to push forward abortion and subvert pro-life state laws. Through the administrative state, Biden has mandated abortion access at VA facilities across the nation, made the abortion pill more readily available than ever before, and is reportedly weighing declaring a “public health emergency” to create new avenues for abortion access.

Ukraine

Undoubtedly, the ongoing war in Ukraine will be addressed. As we approach the one-year mark of Russia’s unjust, unprovoked invasion of Ukraine, Biden will likely highlight all that the United States has done to support the Ukrainian people and pledge our country’s continued support. The president may also tout the country’s swift response in welcoming roughly 100,000 Ukrainian evacuees and the work of U.S. aid organizations such as Send Relief in meeting the humanitarian needs caused by the war. 

As the war drags on and the economic costs are felt at home and in Europe, it will be important that Biden address why continued support for the Ukrainian cause matters on a humanitarian, economic, and national security level. 

Criminal justice reform

It was recently announced that the parents of Tyre Nichols will be in attendance at the State of the Union. Following the recent release of video footage showing five Memphis police officers using excessive force that eventually led to Nichols’ death, there have been renewed calls for policing and broader criminal justice reforms. It is probable that Biden will seize this momentum and urge Congress to take up action on this issue. 

The sincerity of these calls to action may be evaluated by what type of solutions the president highlights. Whether he chooses to point to partisan legislation such as the George Floyd Justice in Policing Act, bipartisan legislation that Sen. Tim Scott (R-SC) was involved in negotiating, or to criminal justice reforms outside of policing, such as the EQUAL Act, remains to be seen and will certainly be telling for the likelihood of any future action in this area.

Other issues President Biden should address

In his campaign for the presidency in 2020, Biden often referred to himself as a moderate, unity-seeking candidate. Despite some bipartisan legislative accomplishments on gun reform and infrastructure investments, the first two years of his presidency have been marked by high levels of partisanship and growing influence from the extreme-left wing of the Democratic party. Both a potential 2024 presidential run and the current realities of the U.S. Congress make it essential for Biden to stake out areas where true bipartisan consensus could be found and use the influence of his office to urge Congress to act in these areas. 

As mentioned in our recently released 2023 Public Policy Agenda, the following are areas with bipartisan support where we’d like to see both Congress and the president prioritize action.

Pro-Family Policy

In the wake of the Dobbs decision, there has been increased energy from lawmakers of both parties to do more to care for vulnerable women, children, and families. The Southern Baptist Convention (SBC)  joined that appeal this summer in anticipation of the decision, calling for pro-life and pro-family policies that “eradicate any perceived need for the horror of abortion.” 

Though the parties have deep disagreements on the issue of abortion, there should be common ground in addressing the key factors that drive women to seek abortions. We would like to see the president highlight policies that remedy marriage penalties, empower abortion-vulnerable women to choose life, and provide baseline levels of support for new parents.

China

One of the only moves to earn significant bipartisan support in these early days of this new Congress was the establishment of a committee in the House of Representatives to assess competition with China. As Biden reckons with China’s recent surveillance efforts, Secretary of State Blinken’s postponed visit to China, and his economic and climate goals, it is essential that human rights continue to be at the forefront of these conversations. 

In 2021, the SBC became the first protestant denomination ro rightly call what is happening to Uyghur Muslims a genocide, and since then, the ERLC has strongly advocated for the U.S. government to do more in countering China not just economically or militarily, but also morally.

Immigration reform

At the end of the last Congress, an unexpected, eleventh-hour framework emerged in the Senate, coupling much-needed border security improvements with a pathway to permanent status for Dreamers (young immigrants brought to the United States by their parents). Though this framework was not ultimately passed into law last year, the problems it sought to address have not gone away, and bipartisan groups of lawmakers have continued to negotiate possible solutions. Though immigration reforms in a divided Congress remain unlikely, these efforts would be bolstered by prioritization from the president. 

Biden certainly has a difficult task at hand to bring the country together amidst a myriad of ongoing challenges at home and abroad. Our hope is that he will pursue these policy areas where helpful compromises can be made and discord can be overcome, rather than pursuing divisive and extreme policies. Ultimately though, Christians do not put their faith in any one leader but trust God’s sovereign plan and pray that he gives each president wisdom in leading our nation.

ERLC 2023 Public Policy Agenda to Focus on Religious Liberty, Sanctity of Human Life, Family & Marriage, Human Dignity
By / Jan 30

WASHINGTON, D.C., Jan. 30, 2023—The Ethics & Religious Liberty Commission of the Southern Baptist Convention has released its 2023 Public Policy Agenda, highlighting its national legislative and public policy priorities that the organization plans to address in the year ahead.

“As stated in the Baptist Faith and Message, ‘Every Christian should seek to bring industry, government, and society as a whole under the sway of the principles of righteousness, truth, and brotherly love.’ This statement guides us in our task as we engage in a chaotic public square. In advocating for these policy goals, we are ever mindful that our ultimate responsibility is to be messengers of the Gospel. I hope Southern Baptists will join me in praying that we will represent our Savior well as we interact with public policy leaders in 2023 about religious liberty, the sanctity of human life, marriage and family, and human dignity.”

The following are highlights from the ERLC’s policy priorities for 2023:

Religious Liberty

1. Oppose The Equality Act: In 2021, the U.S. House of Representatives passed The Equality Act. The bill would curtail religious freedom protections, hinder the work of healthcare professionals and faith-based hospitals, undermine civil rights protections for women and girls, and ultimately steamroll the consciences of millions of Americans. This bill represents the most significant threat to religious liberty ever considered in Congress.

2. Respond to the Decision in 303 Creative v. Elenis: In 2022, the U.S. Supreme Court heard oral arguments in this religious liberty case. At the center of this litigation is a creative professional who has created many kinds of custom websites for all types of people. However, she refuses to use her “design skills and creativity to express messages that violate her deeply held religious convictions.” While the results of this case will have ramifications for religious liberty, the primary issue centers on speech. 

Sanctity of Human Life

1. Ending the Proliferation of Chemical Abortions: Chemical abortion is a method that uses an abortifacient to stimulate uterine contractions and end the pregnancy in a process similar to miscarriage. The ERLC has asked the Food and Drug Administration to categorize the abortion pill mifepristone as an “imminent hazard to the public health.” In January 2023, the FDA moved to allow local retail pharmacies to dispense these drugs in states where it is legal, putting more women and preborn children at risk. The ERLC supports federal legislation such as the SAVE Moms and Babies Actthat would begin to regulate this predatory industry.

2. Protect Pro-life Riders in the Congressional Appropriations Process: In 2022, the ERLC saw a serious threat to the Hyde Amendment. The ERLC will work to preserve the Hyde Amendment not only because it prevents government-funded violence against preborn children, but also because it prevents the government from coercing citizens to act against their consciences in the taxpayer incentivization of something unjust. All prolife riders are important and must be protected.

Family and Marriage

1. Support Adoption and Foster Care Policies: The ERLC’s defense of vulnerable children is woven through a wide variety of priorities, from religious liberty concerns involved in adoption to the effect the opioid crisis has on foster care. In addition to the Child Welfare Provider Inclusion Act, the ERLC will advocate for policies that would support and strengthen adoption, making it both more affordable and accessible.

2. Support Pro-Family Policy in a Post-Roe World: It is crucial that all aspects of federal policy provide a platform for families to thrive and flourish. In this post-Roe world, the ERLC will advocate for 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.” 

Human Dignity 

1. Support a Permanent Solution for Dreamers: After multiple attempts to rescind the Deferred Action for Childhood Arrivals program, immigrants who were brought to the United States by their parents, known as Dreamers, remain in an unstable situation. As part of desperately needed immigration reform, The ERLC will continue to advocate for  a permanent legislative solution for Dreamers. 

2. Oppose Efforts to Expand Gambling: As nearly every state across the country has loosened restrictions on gambling, Americans spent approximately $213 billion on legal betting alone in 2021. Churches across the SBC have repeatedly shared that this issue is a key driver in the tearing apart of marriages and families in their congregations. The ERLC is actively looking for ways to engage this issue to better regulate this harmful, predatory industry.

“Our 2023 public policy agenda outlines the ways the ERLC will advocate with our government on the issues Southern Baptists care about,” said Hannah Daniel, ERLC policy manager. “This year holds both new opportunities and challenges for our work as we begin a period of divided government, enter the first legislative session in a post-Roe world, and face deepening divides among our citizenry. Amidst these realities, we will press on in our ministry assignment defending the vulnerable and championing the causes of life, religious liberty, family and human dignity.”

For more information and the expanded list of public policy priorities, please visit the public policy landing page.

What the ERLC is advocating for in 2023
By / Jan 30

Public policy advocacy is one of the primary ways that the ERLC fulfills its ministry in the public square. We recently released our 2023 Public Policy Agenda, which outlines more than three dozen policy issues that will shape our work in Washington, D.C., this year.

What will make advocacy challenging?

The first session of the 118th Congress is now underway, and it begins as the nation is grappling with war around the world, inflation at home, and deep division across our citizenry. This also begins a new era of divided government with a Democratic president, a narrow Democratic majority in the U.S. Senate, and a slim Republican majority in the House.

This dynamic ensures legislating and governing will be a difficult task, and that broadly speaking, only legislation with substantial bipartisan consensus will be able to pass both chambers and be signed by President Biden. Amidst these realities, the ERLC will work to advance and make progress on our public policy agenda in these divided times at the federal level.

Below is a sample of our policy priorities in the areas of religious liberty, sanctity of human life, family and marriage, and human dignity. Some of these issues have been a part of the ERLC’s public policy agenda for the last several years; other issues are new and a product of the political moment in which we find ourselves.

Religious Liberty

Oppose The Equality Act

There have been multiple pieces of legislation introduced in recent years which aim to, at their most extreme, codify the demands of the sexual revolution and radically reshape religious freedom in the United States. In February 2021, the House passed The Equality Act—a bill that would amend the 1964 Civil Rights Act to add sexual orientation and gender identity as protected classes under federal civil rights law. 

The bill would curtail religious freedom protections, hinder the work of healthcare professionals and faith-based hospitals, undermine civil rights protections for women and girls, and ultimately steamroll the consciences of millions of Americans.

The ERLC believes that this bill represents the most significant threat to religious liberty ever considered in Congress.

We will continue to lead efforts to oppose the Equality Act and any similar legislation introduced this session. As we do so, we will advocate for a public square solution that protects and upholds the dignity of all people and their rights, while ensuring that religiously motivated individuals and institutions are free to live and act according to their deeply held convictions.

Support Conscience Protections for Healthcare Workers

No healthcare worker should have to compromise their deeply held beliefs in order to administer care. 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. 

The Conscience Protection Act provides conscience protections for Americans with religious or moral objections to health insurance that covers contraception methods.

We believe such legislation is critical to curb conscience abuses across the country. 

Additionally, the ERLC has submitted public comments on a number of regulatory actions from the Biden administration that further threaten the consciences of medical professionals. One such recent action to which the ERLC will be filing comments in opposition is the rescission of the Department of Health and Human Services’ Trump-era “Conscience Rule.”

The ERLC will continue to advocate for the protection of consciences in legislation and will oppose any regulatory actions that attempt to rescind similar protections in federal law.

Respond to the Decision in 303 Creative v. Elenis

In December 2022, the Supreme Court heard oral arguments in this important religious liberty case. Lorie Smith, a creative professional who has created many kinds of custom websites for all types of people, refuses to use her “design skills and creativity to express messages that violate her deeply held religious convictions.” The state of Colorado views Smith’s work as a public accommodation. This would subject it to Colorado’s Anti-Discrimination Act, which prohibits discrimination, including refusal of service, against any protected class, including sexual orientation or gender identity. This puts Smith’s desire to run her business according to her beliefs in direct conflict with Colorado’s law. 

Though the results of this case will have ramifications for religious liberty, the primary issue centers on speech.

The central question before the court is “whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech clause of the First Amendment.” A decision in this landmark case is expected this summer.

Continue the China International Religious Freedom Initiative

Over the past several years, the Chinese government has severely escalated its persecution of religious minorities, including Christians. Since April 2017, China has systematically detained more than one million Uyghur Muslims and placed them into “re-education camps” where they are prevented from engaging in their religious practices and subjected to physiological and, oftentimes, physical persecution.

The ERLC has grave concerns about the trajectory of China’s approach to Christians and other religious minorities and is committed to working with other nongovernmental organizations to direct both United States and international pressure towards alleviating their persecution.

In 2021, the Southern Baptist Convention was the first denomination to pass a resolution rightly calling what is happening to the Uyghur people a genocide. The ERLC has hosted events to highlight these atrocities, advocated for the genocide determination with both the Trump and Biden administrations, and worked for the passage of the Uyghur Forced Labor Prevention Act. We will continue to be a voice for the persecuted in China.

Sanctity of Human Life

Protect Pro-life Riders in the Congressional Appropriations Process

Each year as we carefully analyze Congress’s appropriations bills, we work to ensure that historic pro-life riders are maintained and included. Pro-life amendments have been attached to appropriations bills as “riders” for years. For over 40 years, the Hyde Amendment has protected American consciences and been recognized by each Congress as they passed it into law through the appropriations process.

In 2022, we saw a serious threat to the Hyde Amendment, as the House abandoned its inclusion in appropriations legislation for the second time since it was enacted. It was ultimately a significant victory for these riders to be included in the fiscal year 2023 appropriations package. An end to the Hyde Amendment is a major priority of groups that oppose our pro-life views.

We will work to preserve the Hyde Amendment not only because it prevents government-funded violence against preborn children but also because it prevents the government from coercing citizens to act against their consciences in the taxpayer incentivization of something we believe to be unjust. 

Other pro-life amendments include the Weldon Amendment, protecting the consciences of healthcare workers from discrimination on the basis of their refusal to provide, pay for, or refer women for abortion. The Siljander Amendment prohibits United States funds from being used to lobby for or against abortion. We will seek to ensure that we do not sacrifice other riders such as the Dornan Amendment, the Kemp-Kasten Amendment, the Dickey-Wicker Amendment, or the Helms Amendment at the expense of saving the Hyde Amendment.

All of these pro-life riders are important and must be protected.

Ending the Proliferation of Chemical Abortions

Chemical abortion (sometimes referred to as medication abortion or pharmaceutical abortion) is a method that uses an abortifacient to stimulate uterine contractions and end the pregnancy in a process similar to 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. 

Because these drugs not only take the life of a preborn child but also pose serious threats to the women who take them, the ERLC has asked the Food and Drug Administration (FDA) to categorize the abortion pill mifepristone, sold under the brand name Mifeprex, as an “imminent hazard to the public health.”

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.

The ERLC supports federal legislation such as the SAVE Moms and Babies Act that would begin to regulate this predatory industry.

Oppose the Women’s Health Protection Act

The Women’s Health Protection Act removes all restrictions and limits on abortion and allows for abortion up to the point of birth. Additionally, this bill removes all pro-life protections at the federal and state levels and eliminates a state’s ability to legislate on abortion. This bill also fails to protect the consciences of American taxpayers by utilizing taxpayer dollars to pay for abortions.

This bill was passed by the House of Representatives twice last year—the most pro-abortion bill to have passed the House—but did not receive a vote in the Senate. The ERLC and the pro-life community strongly opposed this bill and will continue to do so in the upcoming year.

Family and Marriage

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 federal 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.

The ERLC will be advocating for 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.”

Support the Adoptee Citizenship Act

Prior to the Child Citizenship Act of 2000, the administrative steps required of families adopting internationally were unnecessarily burdensome. The Child Citizenship Act of 2000 granted automatic citizenship to all foreign-born children brought to the United States who had at least one parent who was a United States citizen.

Unfortunately, that act only applied to adoptees under the age of 18 when the bill was enacted, leaving an entire population of adopted children without full U.S. citizenship. The Adoptee Citizenship Act closes the loophole to provide immediate citizenship to these children already adopted by U.S. citizens yet left out of the previous bill.

Ensure Intercountry Adoption Remains a Viable Option

In fiscal year 2021, only 1,785 children were welcomed into families through intercountry adoption. There has also been a decline in stateside adoption agencies facilitating intercountry adoption, narrowing the options for prospective parents. Many countries and cultures are becoming more open to domestic foster care and adoption, which is certainly good news and ought to be encouraged.

However, there are still millions of orphans worldwide waiting to be raised in a family where they are known and loved instead. Intercountry adoption must remain a viable option for welcoming children into homes, and we must do all we can to facilitate those adoptions.

The ERLC is working with like-minded partners and the U.S. Department of State to ensure that intercountry adoption remains a viable option for families and vulnerable children around the world.

Human Dignity

Support a Permanent Solution for Dreamers

After multiple attempts to rescind the Deferred Action for Childhood Arrivals (DACA) program, litigation that went all the way to the Supreme Court, and new litigation that is likely headed back to the high court, those young immigrants who were brought to the United States by their parents remain in an unstable situation. These immigrants broke no law, and yet they remain without permanent legal status. Now young adults, these Dreamers—many of whom have families of their own with children who are U.S. citizens—are workers, students, and positive contributors to their communities.

At the same time, we continue to see record numbers of individuals seeking asylum at our southern border, creating a humanitarian crisis.

As part of desperately needed immigration reform, we will continue to work closely with Congress and the Biden administration to create a permanent legislative solution for our Dreamer neighbors that also addresses necessary border improvements. 

Support Further Criminal Justice Reform

Following on the heels of the historic First Step Act, which was passed at the end of 2018, the ERLC will continue to advocate for reforms that focus on transformation and rehabilitation.

Two such bills are the Recognizing Education, Employment, New Skills, and Treatment to Enable Reintegration Act (RE-ENTER Act) and the Eliminating a Quantifiably Unjust Application of the Law Act (EQUAL Act). The RE-ENTER Act allows eligible individuals with federal convictions to apply for a certificate of rehabilitation from a district court, attesting to a law-abiding future and a commitment to successful reintegration into society. 

Several states already issue such certificates, which have proven successful in aiding recipients with employment and housing—two factors necessary for successful reintegration. The EQUAL Act would remedy the disparity in federal sentencing for crack and powder cocaine related crimes. Over 40 states have already corrected this unjust, inconsistent practice.

Both of these bills have broad bipartisan support, and the ERLC will continue to advocate for their swift passage.

Rebuild the Refugee Resettlement Program

Though President Biden set an ambitious goal of resettling 125,000 refugees in fiscal year 2022, the United States only successfully resettled about 25,000 individuals. This is largely due to previous cuts to the program and to the network of nonprofits and community organizations that support refugee resettlement. For the last several years, the United States has not carried its share of the burden at a time of historically high levels of refugees and internally displaced people worldwide. 

These changes to the refugee resettlement program have had devastating effects on those who have been persecuted for their faith, particularly our brothers and sisters in Christ.

Additionally, a well-functioning refugee system is an important tool to relieve pressure at the U.S.-Mexico border, where asylum seekers have continued to come in record numbers. President Biden has again set a goal of resettling 125,000 refugees in fiscal year 2023.

The ERLC is working to ensure that resettlement agencies and churches working with these refugees are able to fully rebuild and welcome these vulnerable people well. We will continue to advocate for fully restoring the refugee resettlement program and America’s legacy as a beacon of hope to those fleeing persecution.

Download the 2023 ERLC Public Policy Agenda

A time for weeping in Memphis
By / Jan 27

We didn’t need to see it. 

The sorrow expressed by law enforcement officials. The pleas from community leaders to not riot in response. The labels of “appalling” and “inhumane” used to describe the footage. All of these comments told us what we were about to see would be revolting.

They were right.

Video footage from the brutal beating of Tyre Nichols during a police confrontation is now public. It ought to sicken all who care about the city or work for racial unity or simply seek the wellbeing of our neighbors.

It now sits before us. Enraging us. Dispiriting us. Condemning us. Challenging us. Even questioning us: asking what we intend to do about such an act of brutality.

Memphis has been asking itself that for weeks. The city has been on edge waiting for this moment. Colleagues in Memphis have described the palpable tension in the air. A close friend has been worried about his hometown for the last several weeks.

Officials have been quick to act. Last week, the police chief fired the officers involved in Mr. Nichols’ death, and, yesterday, their arrests were announced. Each of them was charged with murder, along with several other crimes. The breadth of the charges was another sign of the appalling nature of what took place during the arrest. 

Some will read about this case and say we cannot jump to conclusions. Others, upon learning that the officers involved were Black, will feel relieved, thinking that at least the racial element of a white officer and an unarmed Black man is absent from this tragedy. Still, others will think they are too far removed from Memphis to spend much time thinking about this.

But if you see this footage, all of that will fade away as you view the sheer horror inflicted upon Tyre Nichols.

I am stirred to anger because another life has been lost in this way. That the officers happened to be Black serves as confirmation that this is a systemic problem in our justice system requiring real reform. The distance of this atrocity does not matter, because my faith places no geographic qualification on who is my neighbor (Luke 10). We should pray, in this instance, that evil will be exposed in the course of the investigation and punished (Rom. 13).

The result of our collective devaluing of life

But as with other tragedies, deeper reflection is required.

There will be unhelpful voices which call us to ignore this as a single case of bad apples, already dealt with by a system working as it should. There will be those who call for radical proposals such as eliminating the police and defunding them, a proposal that ignores the very real benefit that officers and government bring when they are doing their duty to promote order and protect citizens from evildoers. Both of these extremes must be avoided if we are to address the real problems at this moment. 

No, the real solution for this actually goes beyond law enforcement. It calls us to consider both the societal and individual results of a culture of death.

It should be abundantly clear to all that we have witnessed a devaluing of human life across our society in nearly every sector. 

A nation that has so easily eradicated the unborn for generations spawns a culture where a man can be pulverized to death mere yards from his home by those who should be there to serve and protect. 

A nation that separates children from their mothers in the name of border security creates a culture where security officials eagerly take on the role of executioner without thinking to involve the judge and jury in the equation.

A nation that views elderly life as discardable enables a culture where no one dares to intercede as a bludgeoned man cries out for his mother in his final moments.

We should resist the temptation to decouple any of these things. They are all connected because they reveal that we do not fully see, fully appreciate, or fully comprehend the awesome responsibilities we have toward one another because each of us is made in the image of God (Gen. 1). This principle spans across fields of occupation. The doctor, the educator, and, yes, the law enforcement officer all have as much responsibility as every pastor and minister to see the inherent dignity and value the immeasurable worth of every individual.

When we fail to do so, it leads to tragedies like this in Memphis.

But it is precisely because of this city that I have some optimism that real action will come from this moment. The faith community there is strong––and resilient. They’ve faced adversity like few cities. The ministers of the gospel there have been forged in the fires of previous tragedy. There’s a bond that ties together the churches and ministries in Shelby County that I have personally witnessed and worked alongside. If there is any community that can come back from the devastation of this video, it will be Memphis.

We should pray for this outcome. We desperately need an example of the Church shepherding a community and leading broken, sin-torn hearts to the suffering Savior. And we need leaders and activists responding with real reforms that bolster the police force and work toward safer neighborhoods. This will ensure the weighty calling of protecting a community begins with the vital foundation that every person has value and will be treated accordingly throughout our justice system.

I long for a day when we have moved beyond events like this. Where every individual feels respected and protected by every officer of the law. The evidence that our culture has moved to a better place will be that life itself is seen as invaluable throughout our society.

We all should long and plead that God would usher in that day, because repulsive and heartbreaking videos like this are almost too much to bear. The grief is so heavy. It shows that day is very far off indeed, and that now is a time for weeping.