cross and cloudsWritten by Don Byrd

A new Massachusetts law protects transgender people by banning discrimination in public places of accommodation on the basis of gender identity. According to the State Attorney General’s office, that means “transgender people may use whichever sex-segregated facilities, including restrooms, locker rooms, and changing rooms, are most consistent with their gender identity (rather than their assigned birth sex).”

A lawsuit filed this week by four churches claims that enforcing the law against houses of worship is an unconstitutional infringement of religious liberty. Among other things, the suit raises the issue of whether and to what extent a church should be considered a “place of public accommodation.”

The Boston Globe reports:

The Massachusetts Commission Against Discrimination recently issued guidance on how to comply with the law and found that “even a church could be seen as a place of public accommodation if it holds a secular event, such as a spaghetti supper, that is open to the general public.”

The plaintiffs in the lawsuit argue that any activities in church buildings, even if they don’t include “overt religious inculcation,” are “religious in nature because they are motivated by the churches’ religious mission” and are aimed at “nurturing spiritual gifts.” And they say the commission should not be allowed to decide otherwise.

As I have noted before in other contexts, trying to distinguish a church’s religious activities from its non-religious activities can be a troubling exercise. That is true when churches seek government funding for certain facilities or programs; and it is true when the state seeks to enforce government regulations. That is not to say which way this particular dispute should be resolved, only that the underlying principles can be complex, and impact a wide range of issues.

You can read the complaint here.