The Weekly is a rundown of news by the Ethics and Religious Liberty Commission highlighting the week’s top news stories from the public square and providing commentary on the big issues of our day.

Explainer: DOJ Reverses Obama-era Policy on Transgender Employee Protections

What just happened?

Last week the Department of Justice (DOJ) released a memo clarifying that federal civil rights law does not protect transgender people from discrimination at work. The memo refers specifically to Title VII of the 1964 Civil Rights Act, which makes it unlawful for employers to discriminate in the employment of an individual “because of such individual’s…sex,” among other protected characteristics.

Why was transgenderism included under “sex”?

In 2014, the Obama administration issued a memo stating the DOJ would take the position in litigation that the protection of Title VII of the Civil Rights Act of 1964 “extends to claims of discrimination based on an individual’s gender identity, including transgender status.”

“This important shift will ensure that the protections of the Civil Rights Act of 1964 are extended to those who suffer discrimination based on gender identity, including transgender status,” said Attorney General Eric Holder when the memo was issued.  “This will help to foster fair and consistent treatment for all claimants.  And it reaffirms the Justice Department’s commitment to protecting the civil rights of all Americans.”

The new DOJ memo rescinds the Obama-era policy change.

What was the effect of the Obama policy?

Because of the way the Obama administration interpreted “sex” in Title VII, the position of the Justice Department was that people have both a right to such employment conditions as sex-segregated bathrooms and that a person’s “sex” is whatever they choose as their “gender identity.”

Why was the policy changed?

Justice Department spokesperson Devin O'Malley, said in a statement the decision was made in order to align the Justice Department with the law as written by Congress.

“The Department of Justice cannot expand the law beyond what Congress has provided. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today's action,” said O'Malley.

Does the change mean employers are free to discriminate against transgender people?

No, it only means the DOJ will not take the position in litigation that Title VII’s reference to “sex” includes “gender identity. According to the memo, “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals. Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.”

_______

Note: Religious Alliance Against Pornography is hosting a free, hour-long webinar that will explore the use of pornography by youth within the faith community, the impact of its destructive messages on both attitudes and behavior and practical steps that parents and pastors can take in helping young people navigate this minefield of lies and deception. Click here to register.

This week on ERLC podcasts: Daniel Darling talks to Art Rainer, VP of Institutional Advancement at Southeastern Baptist Theological Seminary and author of The Money Challenge about how we can handle our money biblically. On the Capitol Conversations podcast Matthew Hawkins, Travis Wussow, and Steven Harris catch up on latest federal policy developments including a legislative solution for Dreamers, Criminal Justice Reform, and two big wins for religious freedom at HHS and DOJ. And on the ERLC podcast, Phillip Bethancourt discusses parenting and spiritual warfare.

Other Issues

American Culture

Americans deepest in poverty lost more ground in 2016
Kristen Bialik, Pew Research

Although the overall U.S. poverty rate declined and incomes rose rapidly for the second straight year in 2016, many poor Americans fell deeper into poverty, according to a Pew Research Center analysis of U.S. Census Bureau data.

Pew: US Followed Global Trend on Refugees Until Now
Sarah Eekhoff Zylstra, Christianity Today

Meanwhile, more Christians than Muslims find refuge in America each year.

US, Israel to exit UN agency over alleged anti-Israel bias
Matthew Lee and Thomas Adamson, Associated Press

The United States announced Thursday it is pulling out of the U.N.'s educational, scientific and cultural agency because of what Washington sees as its anti-Israel bias and a need for "fundamental reform" in the agency.

Bioethics

HHS to Define Life as Beginning ‘at Conception’
Wesley J. Smith, The Corner

The Department of Health and Human Services has published a draft strategic plan for 2018-2022 that includes some, shall we say, controversial language.

Planned Parenthood Is Targeting Baby Girls in the Womb
Cathy Ruse, The Daily Signal

Planned Parenthood wants you to think it is the champion of women. But if it achieves its goals, there may not be very many women left to champion.

Christianity and Culture

SBTS adopts gender, sexuality statement
Baptist Press

Southern Baptist Theological Seminary trustees unanimously approved a recommendation to adopt The Nashville Statement as an official part of the school's confessional documents Monday (Oct. 9) during its fall meeting.

Christian faith communities are often on the front lines of mental health care
Tara Isabella Burton, Vox

Churches have a huge responsibility to people living with mental health issues. Are they living up to it?

Church should lead way on civility, Gov. Haslam says
Tom Strode, Baptist Press

The church should be at the forefront of promoting civility in a deeply divided culture, Tennessee Gov. Bill Haslam told Christian leaders at a Southern Baptist-sponsored event in Nashville.

Study: Anti-Christian Bias Hasn’t Grown. It’s Just Gotten Richer.
Kate Shellnutt, Christianity Today

New research nuances the American church’s “persecution complex.”

Family Issues

ACLU fights faith-based child placement agencies
Bonnie Pritchett, WORLD News Service

The American Civil Liberties Union (ACLU) is challenging a Michigan law that allows faith-based foster care and adoption agencies to operate according to their biblical convictions. The lawsuit, filed against the state Sept. 20 in federal court, could jeopardize similar laws across the nation and force faith-based agencies to close.

International Issues

Africa’s “reverse missionaries” are bringing Christianity back to the United Kingdom
Lily Kuo, Quartz

Inwe is what some scholars would call a “reverse missionary,” evangelists from former mission fields in Africa, Asia, and Latin America who believe their calling is to revitalize Christianity in the countries that first brought the religion to them.

Religious Liberty

Federal memo on religious freedom draws praise
Tom Strode, Baptist Press

Southern Baptist and other religious freedom defenders have hailed the Trump administration's new guidelines to safeguard in federal law the free exercise of religion.

6 Things Trump’s Religious Liberty Memo Does (and Doesn’t) Change
Kate Shellnutt, Christianity Today

Justice Department’s new 20-point guidance falls between advocates’ hopes and opponents’ fears.

Can Sam Brownback Elevate Religious Freedom within U.S. Foreign Policy?
Erin Rodewald, Providence

In the United States of course, freedom of religion is the first freedom, enshrined in the First Amendment of the Constitution and foundational to the very origin and existence of the nation. It follows that religious freedom also would animate U.S. foreign policy—except oftentimes it does not.

Sexuality Issues

Individual rights & sexuality aired at NOBTS forum
Gary D. Myers, Baptist Press

Advocates from several perspectives on same-sex marriage and LGBT rights discussed the emotionally and politically charged issues, which often pit the church against the prevailing culture, during a forum at New Orleans Baptist Theological Seminary.