The Legal Right to Discriminate: How the Church Wields Power Against Disabled Individuals and Its Moral Obligation Not To
Jessie Sage Cheng, BS, RN, The Ohio State University, Columbus, OH
On July 26, 1990, in a major victory for individuals and allies in the disability community, the Americans with Disabilities Act (ADA) was signed into law. This landmark event accomplished great strides toward creating a society that is inclusive and equitable, by prohibiting discrimination against disabled people and guaranteeing they are afforded the same opportunities as all others in the community. Similar to other civil rights laws, the ADA began shattering impervious barriers faced by individuals in the workplace and public spaces.
Since the passage of the ADA and other anti-discrimination laws, churches and religious institutions have enjoyed near-complete immunity from complying with the laws’ respective provisions, by way of the Ministerial and Religious Exceptions. These exceptions find their roots in the First Amendment to the U.S. Constitution, which affords freedom from government interference into the ecclesiastical affairs of religious organizations. Consequently, religious organizations are not bound to ensuring their facilities, activities, and programs are accommodating, inclusive, and non-discriminatory. The result has led to churches and their affiliated entities engaging in discriminatory practices that marginalize people with disabilities, even when those practices are antithetical to their theological beliefs. To characterize the ways the exceptions are leveraged to the advantage of religious institutions, I discuss the relevant exceptions to the ADA and other anti-discrimination laws, and present several notable court cases.
I then demonstrate how the teachings and narratives of the Bible, leaders, and practices in Church history point to the mandate the Church has to do good and seek justice for people with disabilities. Included is a discussion on the Church’s fundamental belief in the imago Dei, which orients us to the truth that every person is worthy of love and life, and for this reason, no one is to be relegated to the margins. The imago Dei leads us to seek the flourishing of everyone, acknowledging that they are deserving of their full rights as bearers of God’s perfect image.
Ultimately, I conclude that the Church, when it exploits its exemption to the ADA, acts in direct contradiction to its theological mission by discriminating against the disabled. The life and teachings of Jesus beckon us to care for the marginalized and do good to every person, and we are obligated to respond obediently. The Church may be legally allowed to discriminate and function outside the boundaries of the ADA and other anti-discrimination laws, but I argue that it has a moral and Biblical responsibility to not.
Since the passage of the ADA and other anti-discrimination laws, churches and religious institutions have enjoyed near-complete immunity from complying with the laws’ respective provisions, by way of the Ministerial and Religious Exceptions. These exceptions find their roots in the First Amendment to the U.S. Constitution, which affords freedom from government interference into the ecclesiastical affairs of religious organizations. Consequently, religious organizations are not bound to ensuring their facilities, activities, and programs are accommodating, inclusive, and non-discriminatory. The result has led to churches and their affiliated entities engaging in discriminatory practices that marginalize people with disabilities, even when those practices are antithetical to their theological beliefs. To characterize the ways the exceptions are leveraged to the advantage of religious institutions, I discuss the relevant exceptions to the ADA and other anti-discrimination laws, and present several notable court cases.
I then demonstrate how the teachings and narratives of the Bible, leaders, and practices in Church history point to the mandate the Church has to do good and seek justice for people with disabilities. Included is a discussion on the Church’s fundamental belief in the imago Dei, which orients us to the truth that every person is worthy of love and life, and for this reason, no one is to be relegated to the margins. The imago Dei leads us to seek the flourishing of everyone, acknowledging that they are deserving of their full rights as bearers of God’s perfect image.
Ultimately, I conclude that the Church, when it exploits its exemption to the ADA, acts in direct contradiction to its theological mission by discriminating against the disabled. The life and teachings of Jesus beckon us to care for the marginalized and do good to every person, and we are obligated to respond obediently. The Church may be legally allowed to discriminate and function outside the boundaries of the ADA and other anti-discrimination laws, but I argue that it has a moral and Biblical responsibility to not.