Peter LaBarbera is having coniption after coniption over the passing of SB 3186 which includes sexual orientation in the Illinois Human Rights Act
Rich Miller is doing admirable work dispelling Peter’s rantings, but I’d like to add a little bit. First, here is the simple legal analysis concerning the law.
I have to admit, as one Rich’s commenters does, I’m quite confused by the legal analysis because SB 3186 doesn’t seem to affect this portion of the Human Rights Act
(2) “Employer” does not include any religious
corporation, association, educational institution, society, or non‑profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non‑profit nursing institution of its activities.
The lawyers out there can correct me, but my view on this is that the above paragraph would make any religious organization able to discriminate based on any characteristic relevant to the tenets of the recognized church or religious denomination. So the UCC couldn’t discriminate based on sexual orientation, but the Catholic Church could.
The alternative view, if I’m guessing correctly, is that if someone was Gay and Catholic, they couldn’t be discriminated against.
Where this is relevant to other characteristics is in race where Matt Hale’s church is free to not hire a black person because the World Church of Losers believes they are inferior. Any other organization couldn’t discriminate, but in such a case, becasue the tenets of the religion hold that being white is part of the religion, the corporate versions of the church are free to discriminate against any non-whites.
The parallel is exactly the same and while I don’t have it at my fingertips, the case law is pretty clear so I’m unclear on why there is even a big deal about clarifying the 1st Amendment Rights–it’s already been done with other classifications that have been granted protected status.
IOW, Peter LaBarbera is full of shit. Nothing new there though.