July 16, 2020 — I write this with a heavy heart for our country. The reason for my grave concern is the recent egregious Supreme Court ruling in Bostock v. Clayton County. This appalling legal decree redefined the word "sex" in Title VII to include "gender identity" and "sexual orientation." By doing so, not only have six Justices of the high court turned their backs on God, the Constitution of the United States and the will of the American people, but they have also propelled a severely wounded nation further down a trajectory of moral collapse.
As I said at the time, "Our judiciary is constitutionally charged with interpreting the law - not making law. In its 6-3 ruling, the Supreme Court acted as a super-legislature and failed to carry out its primary duty to the American people. And we will all pay the price."
In his dissent, Justice Alito stood out as a bulwark-like voice against the self-proclaimed legislative arm of the highest judicial branch as he called out his fellow justices on their far-reaching and abhorrent decision: "What the Court has done today—interpreting discrimination because of "sex" to encompass discrimination because of sexual orientation or gender identity—is virtually certain to have far-reaching consequences. … Before issuing today's radical decision, the Court should have given some thought to where its decision would lead. As the briefing in these cases has warned, the position that the Court now adopts will threaten freedom of religion, freedom of speech, and personal privacy and safety. No one should think that the Court's decision represents an unalloyed victory for individual liberty."
It is not an overstatement to say that this decision is akin to such erroneous and damaging rulings as Roe v. Wade and Obergefell. Although Congress could change the law and legislatively overrule Bostock, its (anticipated) failure to do so will lead to a cultural fallout that is as far-reaching and devastating as the Supreme Court's decisions on abortion and same-sex marriage.
Just days after this ruling, I interviewed Martin Nussbaum, a prolific religious freedom attorney who also serves as our general counsel at JDFI. Martin stated that the Court's erroneous decision "will haunt us for years to come." He further described the potential ramifications of this ruling, including lawsuits against faith-based organizations; restrictions on the freedom of Christian-owned businesses; requirements that employers cover so-called "gender transition" surgeries or other procedures that violate their sincerely held beliefs; the abolishment of sex-specific bathrooms, locker rooms, and similar sex-specific facilities; the erosion of equal opportunities for women in sports and education, as men demand the right to participate as women; and so much more. Accordingly, and as Justice Kavanaugh noted in his dissent, "the implications of this Court's usurpation of the legislative process will likely reverberate in unpredictable ways for years to come."
Martin ended our time together by quoting Rusty Reno, the editor in chief of First Things, who offered the ominous warning that "our law [is] on a collision course with human nature."
We are living through some of America's darkest days. We are witnessing firsthand the crumbling of our nation's moral and governing framework that has upheld our republic since its founding. Unrest and upheaval in our cities are the daily fare reported by our news channels. Now, the fact that a majority of America's highest court is acting like political activists in undermining the legal framework that guarantees our liberties is beyond alarming. God help us!
My greatest concern is that our children and grandchildren will suffer grim consequences if we do not restore our nation's moral trajectory, and do it now. It doesn't take a legal expert to see what the radical left and LGBTQ community will do with a decision like Bostock. Five years ago, I shared a similar sentiment when the Supreme Court handed down a decision in the Obergefell case, which redefined the legal definition of marriage to include same-sex couples.
This Court decision (Obergefell v. Hodges) is not about same-sex marriage, except only tangentially. Many gay and lesbian groups have admitted that marriage has never been their primary objective. Instead, it is about everything else. What's at stake is the entire culture war. To begin, it is an expression of hostility toward people who take their Christian faith seriously. As you probably know, certain groups and organizations hate us. Their agenda is about weakening the Church of Jesus Christ and limiting what pastors and ministers can say and do publicly. It is about undermining the religious liberties of Christians that are guaranteed by the Constitution. It is about attacking Christian schools, Christian non-profit organizations such as Family Talk, and Christian businesses, hospitals, charities, and seminaries. It is about targeting Christian colleges and universities, and about whom their officials choose as professors and what their students will be taught. It's about government funding and accreditation. All of these crucial issues are at risk. You'll see.
I wish that I had been wrong. Yet, much like Obergefell, the Bostock ruling has little to do with equality for all. Instead, it is about eradicating God (and His truth) from the institutions established on the Judeo-Christian ethic. These activists are after one thing—the total elimination of the Christian way of life from all public and personal spheres. And when that happens, a ripple-effect of anti-religious mandates and laws will be unleashed against people of all faiths—the likes of which we have never seen before in our country's history.
President Ronald Reagan said Americans are never more than one generation away from the loss of our freedoms. I fear that we may be that generation. Yet, I remain committed to those two words that have changed the course of history, "but God." "The battle is not yours, but God's (2 Chronicles 20:15)." "My flesh and my heart may fail, but God is the strength of my heart and my portion forever (Psalm 73:26)." "But God, being rich in mercy, because of the great love with which He loved us, even when we were dead in our trespasses, made us alive together with Christ—by grace you have been saved (Ephesians 2:4-5)."
If anyone needed additional proof that we are waging an all-out war for the heart and soul of our country—they now have it. In my lifetime, I have not seen such deception and wickedness as we are now experiencing. Yet this is our moment in which God has positioned us to stand in the gap for what matters most to Him.
That reminds me of a devoted man of God, not too far removed in America's history, who stood resolute in the face of great evil and peril. He wrote the following poem during his final days of life. These words stand as a testament to God's calling in his life and a message for all Christians to heed.
"Daring to do what is right, not what fancy may tell you,
valiantly grasping occasions, not cravenly doubting—
freedom comes only through deeds, not through
thoughts taking wing.
Faint not nor fear, but go out to the storm and the action,
trusting in God whose commandment you faithfully follow;
freedom, exultant, will welcome you joy."
As horrific and disappointing as the Bostock decision is, our calling as Christians remains clear. And like Bonhoeffer, we must face this horrid storm of immorality and discord head on. This is the time for action and placing our total trust in our Sovereign God. We must be ever vigilant to share the gospel and pray for God's mercy over our lives. We must stand together for righteousness and make our voices heard in the public square. We must exercise our right to vote in the upcoming elections.
As citizens of a nation built on freedom and virtue, there is no place for denial or complacency. And, ultimately as citizens of heaven, we are to be examples of love, humility, honesty, kindness, and courage in the face of adversity. The Bible tells us that "apart from God, we can do nothing," but "with God all things are possible." Let us engage in the battle before us together as brothers and sisters in Christ.
Stay the course, my friends. Remember that through it all, "God is our refuge and strength."