Ten good news stories from 2022 you might have missed
By / Dec 16

While 2022 had its share of controversies, division, and tragedies, there were also a number of positive developments that have occurred. As we close out this year and usher in a new one, here are 10 stories to encourage you:

NAMB’s Annie Armstrong Offering hits all-time high

“Southern Baptists gave a record $68.9 million to the Annie Armstrong Easter Offering (AAEO) in 2022, breaking the giving record for a second year in a row. Giving to the offering has exceeded records in five of the last six years.”

Pastor in Michigan builds laundromat to help families experiencing “hygiene poverty”

“There’s no laundromat in a four-mile radius,” Robinson said, standing in the church’s basement and soon-to-be affordable laundromat, Good Laundry. “Over 75 percent of our people in this area depend on public transportation, so you can only imagine taking all of your clothes, getting on the MTA to go to the laundromat to sit for three or four hours to do your laundry, and then come back on that bus route. That’s taking up most of your day.”

New malaria vaccines prevent infection and transmission

“After nearly four decades of development, the world finally has a malaria vaccine. The first large-scale rollout of GlaxoSmithKline’s RTS,S, or Mosquirix, kicked off at the end of November.”

Testing has started on an HIV vaccine 

Human clinical trials have started for an experimental HIV vaccine that uses the same kind of mRNA technology found in Moderna’s successful COVID-19 vaccine. An HIV vaccine would be globally beneficial in containing the spread of HIV, especially on the continent of Africa. Across the globe, an estimated 38.4 million have the virus and 1.5 million people acquire it each year. In 2021, an estimated 650,000 [510,000–860,000] people died from HIV-related causes

National Suicide Prevention Lifeline launches new 3-digit number: 988

“One of the goals of 988 is to ensure that people get the help that they need when they need it, where they need it. And so, when a person calls 988, they can expect to have a conversation with a trained, compassionate crisis counselor who will talk with them about what they’re experiencing. If it’s the case that they need further intervention, then likely the crisis counselor will connect with a local mobile crisis team,” Dr. Miriam Delphin-Rittmon, the administrator of SAMHSA, said earlier this month during a call with reporters.”

See also: 5 facts about suicide in America

Bioengineered cornea restores sight to the blind and visually impaired

“Researchers and entrepreneurs have developed an implant made of collagen protein from pig’s skin, which resembles the human cornea. In a pilot study, the implant restored vision to 20 people with diseased corneas, most of whom were blind prior to receiving the implant.”

NASA smashes a spacecraft into an asteroid to practice saving Earth

“At its core, DART represents an unprecedented success for planetary defense, but it is also a mission of unity with a real benefit for all humanity,” said NASA Administrator Bill Nelson. “As NASA studies the cosmos and our home planet, we’re also working to protect that home, and this international collaboration turned science fiction into science fact, demonstrating one way to protect Earth.”

Supreme Court rules Maine can’t discriminate against religious schools, strengthening religious liberty

“Maine’s attempt to sidestep the Constitution was halted in its tracks today, and rightly so,” said Brent Leatherwood, president of the ERLC. “The justices decision here accurately comports with the fundamental nature of religious liberty in our nation.”

Scientists are using fitness trackers and AI to detect depression with ‘80% accuracy’

“Scientists are harnessing the power of artificial intelligence (AI) for the early detection of mental health disorders such as depression and schizophrenia. Unlike, for example, kidney disease, which is relatively easy to diagnose, conditions like anxiety or depression have no specific biomarkers that can be picked up with a simple test. Patients with the same mental disorder can present many different symptoms, which can make it challenging for physicians to diagnose them early and accurately.”

ERLC’s Psalm 139 Project dedicates ultrasound machine to Pregnancy Center in Florida

In 2022, the Psalm 139 Project, a pro-life ministry of ERLC, has donated an ultrasound machines to pregnancy care centers in Alabama, Florida, Kansas, North Carolina, Tennessee, and Texas. 

See also: A brief history of pregnancy resource centers

Explainer: Supreme Court blocks Biden administration vaccine and test requirement for employers
By / Jan 13

Today, in a 6-3 vote, the U.S. Supreme Court blocked the Biden administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), issued through the Occupational Safety and Health Administration (OSHA). On Jan. 7, the Supreme Court heard oral arguments for emergency requests challenging the Biden administration’s vaccine mandates. Justices Breyer, Sotomayor, and Kagan dissented in this opinion.

What was the OSHA mandate?

The stated purpose of the OSHA mandate was “to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination.” The intent to issue this rule was announced in September by President Biden, but the text of the rule was issued in November.

The rule states that “covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.”

In short, the rule required employers with 100 or more employees to submit their employees to weekly COVID-19 testing and masking requirements, or the employees could opt to receive one of the three vaccines that are approved or authorized for the prevention of COVID-19 in the U.S.: Pfizer, Moderna, or Johnson & Johnson.

The OSHA rule would have affected approximately 84 million private-sector workers across the country, including some 31 million who are believed to be unvaccinated.

In the opinion released today, the majority on the court noted, “OSHA has never before imposed such a mandate. Nor has Congress.” In fact, Congress declined to enact any measure similar to the OSHA mandate. They also noted that “(p)rior to the emergence of COVID–19, the Secretary had used this power just nine times before (and never to issue a rule as broad as this one). Of those nine emergency rules, six were challenged in court, and only one of those was upheld in full.”

What did SCOTUS say today? 

The majority writes, “Permitting OSHA to regulate the hazards of daily life––simply because most Americans have jobs and face those same risks while on the clock––would significantly expand OSHA’s regulatory authority without clear congressional authorization.” 

They go on to state, “It is telling that OSHA, in its half century of existence, has never before adopted a broad public health regulation of this kind—addressing a threat that is untethered, in any causal sense, from the workplace. This ‘lack of historical precedent,’ coupled with the breadth of authority that the Secretary now claims, is a ‘telling indication’ that the mandate extends beyond the agency’s legitimate reach.”

Justices Gorsuch, Thomas, and Alito clearly spelled out the heart of the issue in their concurring opinion:

The central question we face today is: Who decides? No one doubts that the COVID–19 pandemic has posed challenges for every American. Or that our state, local, and national governments all have roles to play in combating the disease. The only question is whether an administrative agency in Washington, one charged with overseeing workplace safety, may mandate the vaccination or regular testing of 84 million people. Or whether, as 27 States before us submit, that work belongs to state and local governments across the country and the people’s elected representatives in Congress. This Court is not a public health authority. But it is charged with resolving disputes about which authorities possess the power to make the laws that govern us under the Constitution and the laws of the land.

Ultimately, the court ruled that OSHA does not have the authority to develop such a broad sweeping policy without Congress’ clear authorization. 

What about healthcare workers?

In a separate decision released today, the court by a 5–4 vote, allowed the administration’s vaccine mandate for workers in most healthcare settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies. While the OSHA mandate allowed weekly testing for unvaccinated employees, the mandate for healthcare workers does not. Justices Thomas, Alito, Gorsuch, and Barrett dissented in this decision.

The court reasoned that “Congress has authorized the Secretary [of Health and Human Services] to impose conditions on the receipt of Medicaid and Medicare funds that ‘the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services’” and that “the Secretary did not exceed his statutory authority in requiring that, in order to remain eligible for Medicare and Medicaid dollars, the facilities covered by the interim rule must ensure that their employees be vaccinated against COVID–19.”

The dissenting justices argued that the government did not sufficiently show that they have the statutory authority to issue the rule. Additionally, in Justice Alito’s dissent, it was maintained that this rule harmfully extends the Executive Branch’s authority and “will ripple through administrative agencies’ future decision making.”

How does this affect SBC entities?

On Nov. 5, the Southern Baptist Theological Seminary (SBTS) and Asbury Theological Seminary filed a petition with the U.S. Court of Appeals for the 6th Circuit to challenge the OSHA rule. Dr. Albert Mohler, president of SBTS, stated that “it is unacceptable for the government to force religious institutions to become coercive extensions of state power. We have no choice but to push back against this intrusion of the government into matters of conscience and religious conviction.”

According to the Alliance Defending Freedom, 

 . . . the lawsuit The Southern Baptist Theological Seminary v. Occupational Safety and Health Administration, alleges that the Biden administration lacks jurisdiction to dictate employment practices to religious institutions, lacks constitutional and statutory authority to issue the employer mandate, and that the mandate failed to meet the required procedural hurdles. In short, the federal government cannot coerce individuals nationwide to undergo medical treatment, and it lacks authority to conscript employers to compel that result.

The Southern Seminary lawsuit was consolidated with multiple other cases that made up the OSHA case that the Supreme Court heard on Jan. 7, with the Alliance Defending Freedom representing the groups.

Additionally, the Centers for Medicare & Medicaid Services (CMS) vaccine mandate affects faith-based organizations such as the Baptist Homes and Healthcare Ministries, Christian ministries that provide independent living and skilled nursing care to the aging and elderly.  

How should Christians think about this?

The ERLC has emphatically stated since the beginning of this public health challenge that government officials should opt for providing guidance over mandates. Moreover, we have continually advised elected officials and local health experts to actively seek partnership opportunities with pastors and churches in order to serve local communities as this pandemic rages on.

Brent Leatherwood, ERLC’s acting president, remarked on today’s decisions:

As any student of American civics will tell you, every two years, we cast ballots to determine who should represent us in Congress –– the legislative arm of our federal government that is tasked with establishing policies of national interest. This is a simple rule of our constitutional system, and it is where the U.S. Supreme Court grounded today’s decision on the OSHA mandate. The court rightly decided the rule was far too broad and vast in its reach to be developed by an agency in the Executive Branch. The court did not deny more targeted regulations could be utilized in certain settings, which is why it allowed the CMS requirement to move forward in healthcare facilities. Though the goal of achieving a higher vaccination rate is proper and warranted, ultimately, a policy of this magnitude requires Congress to speak and, thus far, it has been silent.

During this ongoing pandemic, the ERLC will continue to represent the interests of Southern Baptist before the courts, Congress, and the administration.

Explainer: Supreme Court hears challenges to Biden administration’s vaccine mandates
By / Jan 7

Today, the U.S. Supreme Court will hear oral arguments in emergency requests challenging the Biden administration’s vaccine mandates. The justices have declined to hear oral arguments in cases regarding state-level mandates, and this is the first case related to vaccine mandates they have agreed to hear. 

What are the Biden administration’s vaccine mandates?

There are two vaccine mandates that the Biden administration has issued — one dealing with large employers and the other dealing with healthcare workers. 

OSHA vaccine mandate

On Nov. 4, the Biden administration, through the Occupational Safety and Health Administration (OSHA), issued a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The stated purpose of this rule is “to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination.” The intent to issue this rule was announced in September by President Biden, but the text of the rule was issued in November.

The rule states that “covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.”

In short, the rule requires employers with 100 or more employees to submit their employees to weekly COVID-19 testing and masking requirements, or the employees can opt to receive one of the three vaccines that are approved or authorized for the prevention of COVID-19 in the U.S.: Pfizer, Moderna, or Johnson & Johnson.

The OSHA rule will affect approximately 84 million private-sector workers across the country, including some 31 million who are believed to be unvaccinated.

It’s important to note that this rule doesn’t require an employee to receive the vaccine, but if they choose not to be vaccinated, they must undergo testing every week. 

CMS vaccine mandate

The second vaccination mandate is issued from the Centers for Medicare & Medicaid Services (CMS) and requires COVID-19 vaccinations for workers in most healthcare settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies. 

The key difference between the two mandates is that the OSHA mandate allows weekly testing as an alternative to receiving the vaccine.

Are there religious exemptions?

There are three exemptions listed in the OSHA rule:

  1. For whom a vaccine is medically contraindicated;
  2. For whom medical necessity requires a delay in vaccination; or
  3. Who are legally entitled to a reasonable accommodation under federal civil rights laws because they have a disability or sincerely held religious beliefs, practices, or observances that conflict with the vaccination requirement.

While there are stated religious liberty exemptions, it is concerning that the ETS requires each covered employer to establish and implement their own written policy regarding religious exemptions. With this rule, each employer is effectively tasked with creating their own policies, and there will be thousands of different policies throughout the country, leading to inconsistent application and confusion. The proposed OSHA rule doesn’t offer any guidance for how to structure exemptions for objectors who have sincerely held religious beliefs.

The CMS rule also allows for religious exemptions and states that “employers have the flexibility to establish their own processes and procedures, including forms.” It also states, “we point to The Safer Federal Workforce Task Force’s ‘request for a religious exception to the COVID–19 vaccination requirement’ template as an example.”

How did these cases reach the Supreme Court?

After the OHSA mandate was issued, the U.S. Court of Appeals for the 5th Circuit ordered a stay of the vaccine mandate and halted enforcement. According to the Alliance Defending Freedom, 

“ . . . multiple lawsuits were filed all over the country, allowing the government to seek a consolidation and transfer to a randomly designated court. The 6th Circuit was selected to handle the consolidated OSHA case. The three-judge panel for the 6th Circuit lifted the stay previously issued by the 5th Circuit that had halted enforcement of the vaccine mandate for private employers with 100 or more employees. In a separate order only days before, a group of eight judges on the 6th Circuit indicated their view that the mandate is unlawful.”

OSHA has stated that it will be exercising “enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

Following decisions by the Court of Appeals for the 5th, 8th, and 11th Circuit, the United States District Court and the Northern District of Texas, the CMS vaccine requirement is preliminary enjoined in 25 states. CMS announced that those states are not required to comply, pending further developments in litigation. However, in the states and the District of Columbia, the rule will be implemented and enforced, following a modified timeline. The deadline for implementing Phase 1 is Jan, 27, 2022, and the deadline for Phase 2 implementation is Feb. 28, 2022.

How does this affect SBC entities?

On Nov. 5, the Southern Baptist Theological Seminary (SBTS) and Asbury Theological Seminary filed a petition with the U.S. Court of Appeals for the 6th Circuit to challenge the OSHA rule. Dr. Albert Mohler, president of SBTS, stated that “it is unacceptable for the government to force religious institutions to become coercive extensions of state power. We have no choice but to push back against this intrusion of the government into matters of conscience and religious conviction.”

According to the Alliance Defending Freedom, 

“ . . . the lawsuit The Southern Baptist Theological Seminary v. Occupational Safety and Health Administration, alleges that the Biden administration lacks jurisdiction to dictate employment practices to religious institutions, lacks constitutional and statutory authority to issue the employer mandate, and that the mandate failed to meet the required procedural hurdles. In short, the federal government cannot coerce individuals nationwide to undergo medical treatment, and it lacks authority to conscript employers to compel that result.”

The Southern Seminary lawsuit has been consolidated with multiple other cases that now make up the OSHA case SCOTUS is hearing today, with the Alliance Defending Freedom representing the groups.

Additionally, the CMS vaccine mandates impacts faith-based organizations such as the Baptist Homes and Healthcare Ministries, Christian ministries that provide independent living and skilled nursing care to the ageist and elderly.  

Is this the proper role of the government?

These rules raise questions and concerns about limits of government regulation both in terms of public health and safety measures. While governments do have heightened responsibilities during a public health crisis, the state must not use public health emergencies to overstep and exert authority that the Constitution has not entrusted it with.

How will the ERLC engage?

The OSHA interim final rule is open for public comments through Jan. 19, 2022. As we have done on previous occasions with proposed rules affecting churches and religious organizations, the ERLC will submit public comments expressing concerns with the scope of the regulation on behalf of our convention of churches. 

How should Christians think about this?

The ERLC has emphatically stated since the beginning of this public health challenge that government officials should opt for providing guidance over mandates, while at the same time seeking to uphold the free exercise of religion. Elected officials and local health experts should be actively partnering with pastors and churches to serve local communities as this pandemic rages on.

The latest news about COVID-19 treatments, mandates, and court challenges
By / Jan 7

Nearly two years after the start of the pandemic, the variant known as Omicron has led to a rapidly increasing number of new infections. It has also brought with it a deluge of news tied to COVID-19. To keep you up to date, here is a round-up of COVID-related news in three broad areas — treatments, mandates, and court challenges. 

FDA approves new treatments 

Within the past six weeks, the FDA issued an emergency use authorization for two new treatments for COVID-19. 

The first treatment, authorized in late November, is an intravenous (IV) infusion of casirivimab and imdevimab. When administered together, they are used to treat mild to moderate COVID-19 in adults and pediatric patients (12 years of age or older and weighing at least 88 pounds) who have tested positive and are at high risk for progressing to a more severe condition. The infusion is also authorized for those who are 65 years of age or older or who have certain chronic medical conditions.

In clinical trials, the infusion of casirivimab and imdevimab was shown to reduce COVID-19-related hospitalization or emergency room visits in patients at high risk for disease progression within 28 days after treatment. 

The Biden administration announced that it would purchase 20 treatment courses. President Biden said he was encouraged by the “promising data” from Pfizer and said the drug would “mark a significant step forward in our path out of the pandemic.”

The second treatment, authorized in late December, is Pfizer’s Paxlovid, an antibody pill that can be taken orally. This drug is also used to treat mild-to-moderate COVID-19 in adults and pediatric patients (12 years of age and older and  weighing at least 88 pounds) who are at high risk for progression to severe COVID-19, including hospitalization or death. Paxlovid is available by prescription only and needs to be initiated as soon as possible after diagnosis of COVID-19 and within five days of symptom onset. It is not recommended in patients with severe kidney or severe liver impairment.

“Monoclonal antibodies target the spike protein on the outside of the virus and they need to be given as an injection or infusion,” said Dr. Ryan Bariola, infectious diseases director at the University of Pittsburgh Medical Center, “whereas the oral antivirals, they’re pills, they can be taken and target different parts of the virus lifecycle.”

Neither drug is considered a substitute for vaccinations and is not used for treatment in those requiring hospitalization due to severe or critical COVID-19. 

Masks mandates resume while schools shut down

Centers for Disease Control and Prevention recently issued guidance that Americans who contract COVID-19 or have not been boosted and are exposed to the virus can return to normal life after five days if they wear a mask. They recommend that those who have been exposed and tested negative wear a well-fitting mask when around others at home and in public until 10 days after your last close contact with someone with COVID-19.

If a person tests positive but has no symptoms, the CDC recommends isolating for at least five days from the date of a positive test. For those who develop COVID-19 symptoms, the recommendation is to isolate for at least five days from the date the symptoms began (the date the symptoms started is day 0).

The recommendation by the CDC to wear masks has led some states and cities to maintain or reimpose mask mandates. Currently, eight states — California, Hawaii, Illinois, Nevada, New Mexico, New York, Oregon, and Washington — require most people to wear masks in indoor public places, whether or not they have been vaccinated against COVID-19. Washington, D.C., and Puerto Rico also have similar mandates. 

Connecticut has an indoor mask mandate that applies to the unvaccinated, while Rhode Island requires masks for all large venues but gives smaller businesses leeway based on patrons’ vaccination status. Washington is the only state with an outdoor mask order, requiring face-covering at outside events attended by 500 or more people. 

Eleven states have not imposed mandates at any point during the pandemic, and some, including Florida, Iowa, Montana, Tennessee, and Texas, have legislation or executive action to prevent local governments and school districts from doing so. (AARP has a complete state-by-state guide to face mask requirements.)

President Biden says he’s committed to keeping schools open amid the latest surge in COVID-19 cases. “We know that our kids can be safe when in school,” said the president after meeting with the White House COVID-19 response team. “That’s why I believe that schools should remain open.” Many governors and mayors are also pushing for in-person learning. 

But many schools are closing because of a teacher shortage. A survey of K-12 school districts across the country found that 2,753 schools were closed in the week beginning Jan. 3. Most of the school closures involved classes going remote for the first one to two weeks of January.

As Joel Mathis points out, “In Miami, 10 percent of teachers are out sick — probably with COVID. In New York, about a third of the city’s students didn’t show up on Monday, and some of those who did couldn’t get breakfast because of a shortage of cafeteria workers. Similar problems are expected to pop up across the country in the coming days.” 

Chicago officials also canceled classes for hundreds of thousands of public school students because the city’s teachers union voted overwhelmingly (73%) for remote education.

Court challenges to COVID-related mandates and rules

Last week, a federal judge in Texas issued a preliminary injunction blocking the Department of Defense (DoD) from punishing 35 members of the Navy who refused to be vaccinated against COVID-19 in compliance with the service’s vaccine mandate due to religious objections. The DoD issued a COVID-19 vaccine mandate for service members in August, and the Department of the Navy required all active-duty Navy personnel to be fully vaccinated against COVID-19 before Nov. 28 or face discipline. 

In their lawsuit, the Navy Special Warfare servicemembers allege that the military’s mandatory vaccination policy violates their religious freedoms under the First Amendment and Religious Freedom Restoration Act. 

“This Court does not make light of COVID-19’s impact on the military,” Judge Reed O’Connor writes in his order. “Collectively, our armed forces have lost 80 lives to COVID-19 over the course of the pandemic. But the question before the Court is not whether a public interest exists. Rather, this Court must address whether an injunction will disserve the public interest. An injunction does not disserve the public interest when it prevents constitutional deprivations.”

And today (Jan. 7), the U.S. Supreme Court will be hearing oral arguments on the legality of two federal COVID-19 vaccine mandates issued under the Biden administration. The justices will be considering four appeals — Biden et al. v. Missouri et al.; Becerra et al. v. Louisiana et al.; National Federation of Independent Business et al. v. Department of Labor et al.; and Ohio et al. v. Department of Labor et al. — which have been consolidated into two separate sets of oral arguments. (Of note, Southern Baptist Theological Seminary is a party in this first set of cases.)

The first set of consolidated cases concerns the enforceability of the Occupational Safety and Health Administration (OSHA) rule issued last November that requires employers with 100 or more employees to ensure each of their workers is fully vaccinated or tests for COVID-19 on a weekly basis. That rule was upheld by the 6th Circuit Court of Appeals. 

The second set of consolidated cases concern a rule issued by the Centers for Medicare and Medicaid Services (CMS) last November that mandates staff working for Medicare or Medicaid certified providers be fully vaccinated against COVID-19, with narrow exceptions for religious and medical reasons. 

Inflation’s 30-year high, kids and COVID-19 vaccines, and Veterans Day
By / Nov 12

In this episode, Brent and Lindsay discuss inflation’s 30-year high, kids and COVID-19 vaccines, and Veterans Day. They also talk about a religious liberty case before the Supreme Court and the humility of three simple words. 

ERLC Content

Culture

  1. Inflation at its highest in 30 years
  2. Kids getting vaccines; Anti-viral drugs
  3. Veterans Day and the Tomb of the Unknown Soldier

Lunchroom

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Explainer: Biden administration issues OSHA vaccine mandate
By / Nov 5

On Nov. 4, the Biden administration issued a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The stated purpose of this rule is “to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination.” The intent to issue this rule was announced in September by President Biden, but the text of the rule was issued in November.

What is OSHA?

The Occupational Safety and Health Administration (OSHA) is under the Department of Labor. Established by President Richard Nixon in 1970, the agency’s mission is “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.” OSHA’s jurisdiction covers most private and public sector employers, making the vaccine mandate announcement one of the most wide-reaching to date. 

This is not the first time that OSHA has intervened in the COVID pandemic. In June of this year, they announced a rule requiring healthcare employers to provide protective equipment such as masks and gloves, ensure proper ventilation, and screen patients at risk for COVID. This emergency standard was limited to healthcare employers (because of the group’s high-risk factors), though additional optional measures were disseminated for other industries such as manufacturing, retail, and food supply chains. 

What is the proposed rule?

The rule states that “covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.”

In short, the rule requires employers with 100 or more employees to submit their employees to weekly COVID-19 testing and masking requirements, or the employees can opt to receive one of the three vaccines that are approved or authorized for the prevention of COVID-19 in the U.S.: Pfizer, Moderna, or Johnson & Johnson.

The OSHA rule will affect approximately 84 million private-sector workers across the country, including some 31 million who are believed to be unvaccinated.

It’s important to note that this rule doesn’t require an employee to receive the vaccine, but if they choose not to be vaccinated, they must undergo testing every week.  

What is the timeframe?

By Jan. 4, 2022 employees who work for employers with 100 or more people must be vaccinated or submit to weekly testing and masking requirements. The rule was published in the federal register on Nov. 5, and it is open for public comments for 30 days. The ERLC will be submitting public comments to OSHA about this issue.

Are there religious exemptions?

There are three exemptions listed in the rule rule:

  1. For whom a vaccine is medically contraindicated;
  2. For whom medical necessity requires a delay in vaccination; or
  3. Who are legally entitled to a reasonable accommodation under federal civil rights laws because they have a disability or sincerely held religious beliefs, practices, or observances that conflict with the vaccination requirement.

While there are stated religious liberty exemptions, it is concerning that the ETS requires each covered employer to establish and implement their own written policy regarding religious exemptions. With this rule, each employer is effectively tasked with creating their own policies, and there will be thousands of different policies throughout the country, leading to inconsistent application and confusion. The proposed rule doesn’t offer any guidance for how to structure exemptions for objectors who have sincerely held religious beliefs.

How does this affect SBC entities?

On Nov. 5, the Southern Baptist Theological Seminary (SBTS) and Asbury Theological Seminary, filed a petition with the U.S. Court of Appeals for the 6th Circuit to challenge the OSHA rule. Dr. Albert Mohler, president of SBTS, stated that “it is unacceptable for the government to force religious institutions to become coercive extensions of state power. We have no choice but to push back against this intrusion of the government into matters of conscience and religious conviction.”

According to the Alliance Defending Freedom, 

“the lawsuit The Southern Baptist Theological Seminary v. Occupational Safety and Health Administration, alleges that the Biden administration lacks jurisdiction to dictate employment practices to religious institutions, lacks constitutional and statutory authority to issue the employer mandate, and that the mandate failed to meet the required procedural hurdles. In short, the federal government cannot coerce individuals nationwide to undergo medical treatment, and it lacks authority to conscript employers to compel that result.”

Is this the proper role of the government?

This rule raises questions and concerns about limits of government regulation both in terms of public health and safety measures. While governments do have heightened responsibilities during a public health crisis, the state must not use public health emergencies to overstep and exert authority that the Constitution has not entrusted it with.

ERLC’s Acting President, Brent Leatherwood stated:

From the outset of the challenges presented by COVID-19, we have consistently argued that  guidance from elected officials and public health experts is the path to take in lieu of mandates –– particularly as it relates to religious entities. This proposed rule is not that. Some private institutions will raise serious objections to government overreach. The better route for the state to take is providing clear, consistent, and coherent counsel that our fight is against a deadly disease, not one another.

How will the ERLC engage?

The OSHA interim final rule is open for public comments through Dec. 6. As we have done on previous occasions with proposed rules affecting churches and religious organizations, the ERLC will submit public comments expressing concerns with the scope of the regulation on behalf of our convention of churches. 

How should Christians think about this?

The ERLC has emphatically stated since the beginning of this public health challenge that government officials should opt for providing guidance over mandates, while at the same time seeking to uphold the free exercise of religion. Elected officials and local health experts should be actively partnering with pastors and churches to serve local communities as this pandemic rages on.

Explainer: Supreme Court denies religious exemption request from Maine workers
By / Oct 30

The U.S. Supreme Court denied a request for a religious exemption to the state of Maine’s COVID-19 vaccine mandate for healthcare workers on Oct. 29. The mandate, announced in August by Gov. Janet Mills, required that all healthcare, nursing home, and EMS workers receive their final vaccine dose by Sept. 17, 2021. A group of healthcare professionals at Northern Light Health opposing the vaccine requirement filed suit on religious grounds.

Earlier in October, a federal judge ruled against the challenge and a three judge panel at the First U.S. Circuit Court of Appeals agreed with that ruling. At the time of the initial ruling, 97% of the workers at Northern Light Health were fully vaccinated, and 130 workers had already resigned in protest of the state’s mandate order. The Supreme Court initially rejected an emergency request to intervene but left another opportunity for appeal before the order went into full effect on Oct. 29. The healthcare workers then filed that appeal to the Supreme Court, which took up the case on what is called the “shadow docket” –– which, as explained on a previous case, is a “procedure for expedited review of emergency proceedings that fall outside of the normal rhythm of oral arguments and decisions many are accustomed to.”

Why did the court rule against the healthcare workers?

The denial of the application for injunctive relief was handed down in a 6-3 decision. Because the court took this case up via the shadow docket, a traditional written opinion from the majority was not provided with the decision. However, some insight may be gleaned from a concurrence offered by Justice Amy Coney Barrett, joined by Justice Brett Kavanugh. She writes, “applicants could use the emergency docket to force the Court to give a merits preview in cases that it would be unlikely to take—and to do so on a short fuse without benefit of full briefing and oral argument. In my view, this discretionary consideration counsels against a grant of extraordinary relief in this case, which is the first to address the questions presented.” 

In other words, it appears at least some justices among the six voting to deny the application were uncomfortable reviewing this case on an expedited basis and thereby not having the customary information presented to the court.

What makes this case unique?

This case, John Does 1-3 v. Mills, has some similarities to previous cases the justices have rejected, such as the recent appeal from New York City teachers and, prior to that, a challenge from Indiana University staff and students. 

Unlike those cases, though, the Maine requirement does not contain an exemption for religious reasons, though it does for medical reasons. This difference was central to the argument of the dissent authored by Justice Neil Gorsuch and joined by Justices Clarence Thomas and Samuel Alito. 

The dissent states, “This Court has explained that a law is not neutral and generally applicable if it treats ‘any comparable secular activity more favorably than religious exercise.’ Tandon v. Newsom . . . The State allows those invoking medical reasons to avoid the vaccine mandate on the apparent premise that these individuals can take alternative measures (such as the use of protective gear and regular testing) to safeguard their patients and co-workers. But the State refuses to allow those invoking religious reasons to do the very same thing.” 

The justices in the minority contend this should have led the court to apply a strict scrutiny test to the Maine requirement, meaning the state would have to demonstrate the mandate “serves a compelling interest and employs the least restrictive means available for doing so.” Ultimately, a majority of the court did not take this approach and thus denied the application by the healthcare workers. 

What does this mean for religious exemptions?

This result does not mean the challenge by the Maine healthcare workers is over. According to the Wall Street Journal, the decision “means a lower-court order upholding the mandate remains in place while the workers appeal through normal channels.” In all likelihood, additional challenges to other vaccine requirements will continue to materialize in the courts.

As Christians consider these cases, a previous ERLC resource, “Why Christians should navigate questions of vaccine mandates and religious exemptions with wisdom,” produced by Jason Thacker, who leads the Research Institute, is applicable. In this piece, Thacker writes:

Certain faith groups and denominations have claimed religious exemptions based on sincere religious convictions for various medical interventions; have consistently argued over time against the use of vaccines; or may have certain moral objections to the COVID vaccines in particular. Yet, pastors and ministry leaders must be aware that some people may seek a religious exemption to these mandates not out of any direct or meaningful religious objection or issue of faith but out of a desire to disregard the mandates that have been common throughout our nation’s history and frequently upheld by the courts.

According to Alliance Defending Freedom (ADF), an organization that has long advocated for religious freedom throughout our society, “(US) Courts have ruled for over a century that the government may require mandatory vaccines in certain circumstances. Religious objectors may be entitled to accommodations in some circumstances.” ADF also encourages anyone seeking these types of religious accommodations or exemptions from vaccine mandates to seek to determine whether one’s objections actually rise to the level of a religious objection, not simply a medical, social, or political objection. ADF states that “many people have medical or other concerns which do not rise to the level of an actual religious belief. A belief that taking a vaccine is unwise or could be harmful will normally be considered a medical or health objection, not a religious objection.” Defined claims to religious objection must be taken seriously, but claiming a religious objection is no guarantee that public or private entities will recognize it.

As this case and others progress, the ERLC will continue to monitor all developments related to religious liberty and advocate for this first freedom in the courts, on Capitol Hill, and in our culture.

SBC Executive Committee trustee meeting recap, Pfizer boosters, and Chick-fil-A removed from KCI
By / Sep 24

In this episode, Lindsay and Brent recap the SBC Executive Committee trustee meeting, the FDA approval of Pfizer booster, Morman churches requiring masks, the United States special envoy to Haiti, how a woman with Down syndrom lost a court case against abortion, how marines rescued a woman trapped in flood, and why Chick-Fil-A was removed from the Kansas City airport. They also give a rundown of this week’s ERLC content including Brad Hambrick with “What Joseph’s story teaches us about abuse, forgiveness, power differentials, and wisdom,” Daniel Patterson with “How to approach parenting with wisdom, grit, and gospel focus: 4 helpful features of Full Circle Parenting,” and Jason Thacker with “What online pornography debates teach us about morality and governance.”

ERLC Content

Culture

  1. SBC EC responds to task force
  2. EC members grieved by recent meeting; optimistic about path ahead
  3. FDA gives approval to Pfizer’s booster shot
  4. Mormon Church to require masks
  5. US Special Envoy to Haiti resigns amid deportations
  6. Woman with Down syndrome losts court case against abortion law
  7. Chick-fil-A removed from KCI Airport

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Explainer: President Biden directs OSHA to create a new standard for employers’ COVID-19 vaccine guidelines
By / Sep 10

On Thursday, President Biden took the step of expanding the list of workers who would be required to receive a COVID-19 vaccine or submitting to regular testing. His announcement follows the recent decision to mandate that all federal employees receive the vaccine or face possible disciplinary action. These changes reflect a shift from the previous posture of the administration against federal vaccine mandates. While it is possible for individuals in private workplaces to opt out of a vaccine if they are tested regularly, this regulation does reflect a more aggressive posture by the administration to control the surge in cases of the delta variant that is sweeping the country.  

President Biden’s directive comes amid surging cases of the delta variant across the country, as well as new strains of the virus, lambda and mu. The rule will require all employers with more than 100 employees to ensure that their workers are vaccinated or submit to weekly testing. They also must provide paid time off for employees wishing to be vaccinated. The rule comes as many larger private employers are already implementing similar measures including CVS Health, Walmart, and Fox News. The rule faces legal challenges and has already faced opposition from state officials who claim this is an overreach of federal authority. Similarly, the rule will likely face implementation challenges as the vaccine and testing date from each employer will need to be stored and verified by OSHA for enforcement purposes. The penalties for noncompliance have not been released as of the time of publication.  

What does an OSHA temporary emergency standard mean?

The regulation will be drafted and implemented as part of the Occupational Safety and Health Administration (OSHA) of the Department of Labor. Established by President Richard Nixon in 1970, the agency’s mission is “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.” OSHA’s mandate covers most private and public sector employers, making the vaccine mandate announcement one of the most wide-reaching to date. 

The rule, issued as a temporary emergency standard, can be used when OSHA demonstrates that workers face a grave danger and that the rule will address that danger. Further, employers must have a reasonable chance of implementing the rule. These emergency standards would override existing state policies except in those states where there is an OSHA-approved state level agency. For those states, they would have a window of time to adopt a rule that is as effective as the federal standard. 

This is not the first time that OSHA has intervened in the COVID pandemic. In June of this year, they announced a rule requiring healthcare employers to provide protective equipment such as masks and gloves, ensure proper ventilation, and screen patients at risk for COVID. This emergency standard was limited to healthcare employers (because of the group’s high risk factors), though additional optional measures were disseminated for other industries such as manufacturing, retail, and food supply chains. 

How will this affect churches and religious organizations?

With the implementation of this standard, many churches will likely not be affected because they will not meet the requisite number of employees. There is a subset of churches who will meet the threshold and thus could face OSHA violation charges for not complying. Religious organizations such as Christian colleges and seminaries, as well as religious hospitals, will be more likely to be subject to the rule’s standards because of the size of the organization and the kinds of work that their employees perform.

Religious employers are subject to some oversight of OSHA depending on the kind of employment and jobs performed. Where the organization only employs individuals for religious services (a choir director, organist, clergy, etc.), they are not classified as an employer and therefore are not subject to OSHA oversight. However, where a religious employer employs a worker for secular purposes, they are subject to the rules set by OSHA. Examples of the latter would include a private hospital or school operated by a religious organization, administrative staff of the organization, or staff employed for commercial activity such as running a bakery. 

At the time of publication, the regulatory language is unavailable so it is unclear what type of medical or religious exemptions may be granted under this new OSHA standard concerning the COVID-19 vaccine. 

How should Christians think about this? 

While some have argued that widespread vaccine mandates infringe upon one’s religious freedom, Christians should be very judicious when making claims of religious liberty violations. As Jason Thacker recently wrote,

. . . it is important to remember that approaching questions about religious liberty claims is something of deep consequence. We must not allow or give support to mere personal or political preferences masquerading as religious liberty claims. Indeed, doing so is not only morally disingenuous but also can do long-term damage to the credibility of pastors, churches, and Christian institutions in our communities. At the same time, pastors should graciously and patiently consult with those seeking such exemptions or accommodations in order to determine whether the request is predicated on sincere religious grounds.

In a time of intense polarization and a continued public health crisis, we must remember that religious liberty is fundamental to the Christian faith and to American life. It is a right that our government is designed to recognize, respect, and uphold.

The ERLC has emphatically stated since the beginning of this public health challenge that government officials should opt for providing guidance over mandates, while at the same time seeking to uphold the free exercise of religion. Elected officials and local health experts should be actively partnering with pastors and churches to serve local communities as this pandemic rages on. Whether through vaccine drives or combating the widespread misinformation, community partnerships and respecting religious freedom instills more confidence within the faith community about efforts to combat the virus and protect our communities from its devastating effects.

How should Christians think about religious exemptions for vaccination?
By / Sep 9

Flagging vaccination rates over the summer of 2021 combined with a sudden surge of the COVID-19 delta variant in recent weeks have prompted many businesses and organizations, and even some state and federal government entities, to implement vaccination requirements for employees. These requirements dictate that all employees, whatever their personal reservations might be, must be vaccinated by a specified date or else face repercussions ranging from required masking, testing, and isolation to different assignments to formal termination. (It should be noted that some versions of these requirements do allow for individuals to forgo the vaccine in exchange for submitting to routine COVID-19 testing.)

As an ethicist and attorney practicing religious liberty law, we have engaged in dozens of conversations over the past few weeks regarding vaccination mandates, as well as religious exemptions. Many Christians are considering the ethics and wisdom of these situations for the first time, fielding advice and anecdotes from a variety of sources. We would like to bring to the reader’s attention our perspective and experience on these important issues as they navigate these difficult questions. 

Religious accommodations

Unvaccinated employees may have any number of personal responses to a policy of vaccine mandates. They may feel the policy unnecessarily overreaching or discriminatory, or perhaps presumptuous and hasty. Some may feel concern or anger at being told how they must handle important and personal medical decisions. Reasons for refusal are wide-ranging, with some based on credible concerns and others being much more subjective. 

Currently in the United States, it is legally permissible for employers to require COVID-19 vaccinations so long as there are medical and religious accommodations available in accordance with the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act prohibits discrimination on the basis of federally protected classes, including religion, and provides that applicable employers must provide a religious accommodation to an employee who holds a “sincerely held religious belief, practice, or observance” against a workplace requirement. Employers must grant the religious accommodation request so long as doing so does not pose an “undue burden” to the employer, either economic or non-economic. 

If faced with such a mandate, some Christians will likely consider objecting to vaccination requirements on religious grounds. In this type of situation, they would claim the requirements violate their religious beliefs and seek formal religious exemptions. Such a claim might be motivated by the belief that their constitutionally protected rights are being infringed upon and that their religious sentiments are sufficient grounds for refusal.

Identifying religious grounds

In our experience, the reasons appealed to by some evangelicals for refusing vaccinations are not, strictly speaking, religious, but personal, philosophical, or political. This includes objections that invoke religious beliefs in general terms, but upon further scrutiny, appeal to other factors. Some may, for example, express concerns about infertility, or the lack of longitudinal studies, or that their employer has simply violated their rights. But none of these reasons are overtly related with the individual’s religious beliefs. 

There are undoubtedly people of faith with relevant moral and, or, theological concerns that could merit religious exemption. This is why, when appealing to religious liberty as the basis for an exemption, Christians should proceed carefully. Seeking a religious exemption should very clearly rest on apparent and applicable religious beliefs.

Thus, a strong religious exemption would be based on recognized scriptural precept or a particular church or tradition’s confession or teaching. In its most robust form, such an exemption might rely on a provision within a church’s confessional statement explicitly forbidding vaccines or other medical interventions. The Amish or Jehovah’s Witness are examples. No such direct prohibition exists within wider Christian theology, but these religious groups are able to appeal to a unique teaching wholly adopted by their specific faith tradition.

Seeking exemptions

A relevant ethical question, drawn from scriptural teaching of the value of our bodies and treating them rightly, is whether vaccines harm the body. At present, there is little to no evidence that they do. Instead, data suggests that refusing vaccination risks severe illness and possibly death. At present, the unvaccinated are “29 times more likely to be hospitalized.” Furthermore, refusing vaccination could lead to others experiencing bodily harm as the unvaccinated are at increased risk of transmitting the virus to others. 

It is also important to remember that illegitimate appeals to religious liberty are perhaps the greatest threat to legal protections of religious liberty. Appealing to a religious accommodation that is not sincerely held and uniformly applied dilutes legal options to appeal to when religious liberty is genuinely threatened in the future. Whatever reasons a person may have for refusing vaccination, it is important to resist the temptation to endow those reasons with religious significance merely as a strategy for securing exemption from an employer mandate. Not every directive during a public health crisis represents a curtailment of religious liberty. As stated, the request for a religious exemption should rest on the foundation of a sincere and applicable religious belief.

Religious liberty is precious and should be protected. And while each person is free to live according to their sincerely held beliefs, Christians, in particular, should consider the call of Christ when weighing our decisions. We are not our own because we belong to the crucified and resurrected Lord. We don’t possess ourselves but are ourselves possessed by him (1 Cor 6:20). In the context of vaccinations, this certainly includes seeking counsel, acknowledging the mounting evidence to the safety of vaccines, and contemplating the risks in refusing them, not only to oneself but also to one’s neighbor.

Views reflected in this article may not reflect those of their current or previous employers.