Home
/
RELIGION & LIBERTY ONLINE
/
Post-Obergefell, Kansas Governor Signs Executive Order on Religious Liberty
Post-Obergefell, Kansas Governor Signs Executive Order on Religious Liberty
Apr 20, 2025 2:27 PM

In response to the Supreme Court’s ruling on the case of Obergefell v. Hodges, Governor Sam Brownback issued a new executive orderto ensure religious freedom protections for Kansas clergy and religious organizations.

In the majority opinion of Obergefell, Justice Anthony Kennedy wrote that, despite this newly invented “right” for same-sex couples to marry, religions and their adherents “may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned,” and further, that “the First Amendment ensures that religious organizations and persons are given proper protection.”

And yet, given the otherwise broad and blurry language of Kennedy’s opinion and the corresponding concerns of the dissenting justices,religious persons continue to worry.

As Chief Justice John Roberts wrote: “People of faith can take fort in the treatment they receive from the majority today.”

Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage—when, for example, a religious college provides married student housing only to opposite-sex married couples, or a religious adoption agency declines to place children with same-sex married couples. Indeed, the Solicitor General candidly acknowledged that the tax exemptions of some religious institutions would be in question if they opposed same-sex marriage. See Tr. of Oral Arg. on Question 1, at 36–38. There is little doubt that these and similar questions will soon be before this Court.Unfortunately, people of faith can take fort in the treatment they receive from the majority today.

Perhaps the most discouraging aspect of today’s decision is the extent to which the majority pelled to sully those on the other side of the debate. The majority offers a cursory assurance that it does not intend to disparage people who, as a matter of conscience, cannot accept samesex marriage. Ante, at 19. That disclaimer is hard to square with the very next sentence, in which the majority explains that “the necessary consequence” of laws codifying the traditional definition of marriage is to “demea[n] or stigmatiz[e]” same-sex couples. Ante, at 19. The majority reiterates such characterizations over and over. By the majority’s account, Americans who did nothing more than follow the understanding of marriage that has existed for our entire history—in particular, the tens of millions of people who voted to reaffirm their States’ enduring definition of marriage—have acted to “lock . . . out,” “disparage,” “disrespect and subordinate,” and inflict “[d]ignitary wounds” upon their gay and lesbian neighbors. Ante, at 17, 19, 22, 25.These apparent assaults on the character of fairminded people will have an effect, in society and in court.See post, at 6–7 (ALITO, J., dissenting).Moreover, they are entirely gratuitous.It is one thing for the majority to conclude that the Constitution protects a right to same-sex marriage; it is something else to portray everyone who does not share the majority’s “better informed understanding” as bigoted. Ante, at 19.

It is within this context that Gov. Brownback’s new Executive Order offers a first step toward what we might call “principled pluralism.”

The meat of the order is as follows (or read the full thing):

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby order and direct as follows:

1. General protection of the free exercise of religious beliefs and moral convictions

The State Government is prohibited from taking any action inconsistent with the restrictions placed upon the State Government by the United States Constitution, or the Kansas Constitution, or the Kansas Preservation of Religious Freedom Act, against any individual clergy, religious leader, or religious organization on the basis that such person or organization believes or sincerely acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman.

2. Specific protections for persons and religious organizations

(a) The State Government shall not take any discriminatory action against any individual clergy or religious leader on the basis that such individual declines or will decline to perform, solemnize, or facilitate any marriage, based upon or consistent with the individual’s sincerely held religious belief or moral conviction described in Section 1.

(b) The State Government shall not take any discriminatory action against a religious organization, including those providing social services, wholly or partially on the basis that such organization declines or will decline to solemnize any marriage or to provide services, modations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration or recognition of any marriage, based upon or consistent with a sincerely held religious belief or moral conviction described in Section 1.

(c) The State Government shall not take any discriminatory action against a religious organization that provides social services or charitable services, which acts or intends to act upon sincerely held religious belief or moral conviction described in Section 1.

As Brownback summarizes: “The Kansas Bill of Rights affirms the right to worship according to ‘dictates of conscience’ and further protects against any infringement of that right. Today’s Executive Order protects Kansas clergy and religious organizations from being forced to participate in activities that violate their sincerely and deeply held beliefs.”

The waters remain risky for people of faith, and this is but an initial local response to the latest state-imposed invention. But for those who seek true religious liberty in the new cultural landscape, it’s a promising development indeed.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Verse of the Day
  Commentary on Today's Verse   Commentary on John 14:1-11   (Read John 14:1-11)   Here are three words, upon any of which stress may be laid. Upon the word troubled. Be not cast down and disquieted. The word heart. Let your heart be kept with full trust in God. The word your. However others are overwhelmed with the sorrows of this present time,...
Verse of the Day
  1 John 3:11 In-Context   9 No one who is born of God will continue to sin, because God's seed remains in them; they cannot go on sinning, because they have been born of God.   10 This is how we know who the children of God are and who the children of the devil are: Anyone who does not do what...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 John 4:1-6   (Read 1 John 4:1-6)   Christians who are well acquainted with the Scriptures, may, in humble dependence on Divine teaching, discern those who set forth doctrines according to the apostles, and those who contradict them. The sum of revealed religion is in the doctrine concerning Christ, his person and office. The false...
Verse of the Day
  Commentary on Today's Verse   Commentary on John 16:28-33   (Read John 16:28-33)   Here is a plain declaration of Christ's coming from the Father, and his return to him. The Redeemer, in his entrance, was God manifest in the flesh, and in his departure was received up into glory. By this saying the disciples improved in knowledge. Also in faith; Now are...
Verse of the Day
  Commentary on Today's Verse   Commentary on Ephesians 4:29-32   (Read Ephesians 4:29-32)   Filthy words proceed from corruption in the speaker, and they corrupt the minds and manners of those who hear them: Christians should beware of all such discourse. It is the duty of Christians to seek, by the blessing of God, to bring persons to think seriously, and to encourage...
Verse of the Day
  Commentary on Today's Verse   Chapter Contents   The safety of the godly.   We must not rely upon men and means, instruments and second causes. Shall I depend upon the strength of the hills? upon princes and great men? No; my confidence is in God only. Or, we must lift up our eyes above the hills; we must look to God who...
Verse of the Day
  John 13:34-35 In-Context   32 If God is glorified in him,Many early manuscripts do not have If God is glorified in him.God will glorify the Son in himself, and will glorify him at once.   33 My children, I will be with you only a little longer. You will look for me, and just as I told the Jews, so I tell...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 94:12-23   (Read Psalm 94:12-23)   That man is blessed, who, under the chastening of the Lord, is taught his will and his truths, from his holy word, and by the Holy Spirit. He should see mercy through his sufferings. There is a rest remaining for the people of God after the days of their...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 119:9-16   (Read Psalm 119:9-16)   To original corruption all have added actual sin. The ruin of the young is either living by no rule at all, or choosing false rules: let them walk by Scripture rules. To doubt of our own wisdom and strength, and to depend upon God, proves the purpose of holiness...
Verse of the Day
  Micah 6:8 In-Context   6 With what shall I come before the Lordand bow down before the exalted God? Shall I come before him with burnt offerings, with calves a year old?   7 Will the Lord be pleased with thousands of rams, with ten thousand rivers of olive oil? Shall I offer my firstborn for my transgression, the fruit of my...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved