Should Religious Private Business Owners be Allowed to Refuse Service to LGBT Community?

By Leah Marianne Klett
Gay Rights
Gay rights advocates protest in front of the White House associated press

A survey released earlier this week reveals that only 1 in 10 Americans believe small business owners should have the right to refuse service or do business with homosexuals, African-Americans, Jews or atheists based on religious grounds.

The survey, created by the Public Religion Institution, discovered that among the four groups, there was the least support for refusing service to African-Americans, but the most against gay or lesbian individuals, MSNBC reports.

The report included the responses of over 1,000 adults who were interviewed by telephone. Participants were asked if it should be legal to refuse to do business with members of the LGBT community on religious grounds, and 16% said yes and 80% said no. Similarly, 15% said it should be legal to refuse service to atheists, with 81% saying it shouldn't be.

However, the study found less support for religious beliefs being an adequate reason to allow a small business owner to refuse to business to Jewish people, with 12% reported as saying yes and 85% saying no. Most individuals said African-Americans should receive service regardless of the religious beliefs of business owners, with 87% saying they did not support the legal right to refuse service and 10% saying they did.

The poll also discovered that over half of Americans feel "the right of religious liberty is being threatened."

The question of religious vs. governmental rights for small business owners has been hotly debated for the past several decades.

In the 1960's, Bob Jones University argued that its First Amendment protections should allow it to prohibit interracial dating without losing tax benefits. However, the Supreme Court ultimately ruled that "Government has a fundamental, overriding interest in eradicating racial discrimination in education ... which substantially outweighs whatever burden denial of tax benefits places on petitioners' exercise of their religious beliefs."

Today, members of the LGBT community continue to compare civil rights cases to their case for equality. Earlier this year, a Colorado baker Jack Phillips was ordered by the state's Civil Rights Commission to make wedding cakes for gay couples and undergo sensitivity training after being sued for refusing to provide service to the LGBT community based on his religious beliefs.

Judge Robert N. Spencer said Phillip's refusal to "contribute to a gay wedding" based on religious grounding was essentially the same as refusing to provide service to an interracial couple.

"Phillip's argument would allow a business that served all races to nonetheless refuse to serve an interracial couple because of the business owner's bias against interracial marriage."

However, Rev. Stacy Swimp, Founder of the Michigan based Revive Alive Missional Ministry and a Spokesman for a coalition of over 200 Black Michigan Pastors and Christians leaders in outstate Michigan, says comparing the LGBT plight to the Civil Rights Movement is not only historically incorrect, it's offensive to Black Americans who suffered oppression under the Jim Crowe laws.

"It's historically, culturally and biblically illiterate and incorrect to make that kind of comparison," he said.

 "There were Jim Crow laws created to keep us segregated from society-there is no instance in any law where LGBT have faced institutional segregation. We were subject to IQ tests in order to vote; no member of the LGBT community can lay claim to being subject to any kind of test in order to exercise voting right. They've had the right to advocate for their agenda, something blacks were never able to experience. We were sold from our families, separated from any memory of our indigenous language, culture and religion. No member of the LGBT community has experienced that. The idea of hijacking the Civil Rights movement and the historical struggle of black Americans is insulting, false, malicious, and absolutely irresponsible.

He continued, "Neither Absalom Jones, Richard Allen , Frederick Douglas, Booker T. Washington, W.E.B. Dubois, Medgar Evers, or Martin Luther King Jr. struggled for the right and federal protection of sexual misconduct. But they all fought, and many lost their lives, for the right of true liberty."

  • ‘Wang Mingdao’s Diary’ reproduction highlights complexities of contemporary Chinese Christianity

    On December 9, the China Graduate School of Theology (中国神学研究院) hosted a public lecture titled “A Courageous Witness in the Times—Launch of Wang Mingdao (王明道)’s Diary.” The lecture, themed “Faith Patterns in Beijing’s Christian Churches Through the Lens of Wang Mingdao’s Diary,” featured Dr. Ni Buxiao (倪步晓), Associate Director and Assistant Professor at the Christian Faith and Chinese Culture Research Center of Alliance Bible Seminary (建道神学院), as the keynote speaker.

  • Floating library ‘Doulos Hope’ arrives in Taiwan; spreading love and hope from a former cruise ship

    Doulos Hope, the international floating book fair ship, has returned to Taiwan and is now docked at Kaohsiung Port, open to the public from December 18, 2024, to January 12, 2025. Originally built in 1991 and renovated in 2022, the ship features over 2,000 books on various topics, including faith, science, and art. It is operated by a diverse crew of 140 volunteers from 25 countries, offering services such as education, healthcare, and community outreach. The ship's mission is to spread hope and

  • Chinese Online School of Theology publishes annual ministry report: Expanding Chinese theological education through new strategies

    In the 2023-2024 academic year, New York-based Chinese Online School of Theology (COST) has seen significant development in expanding its ministry in theological education and mission outreach. They have promoted a series of new events and projects to explore different strategies that expand theological education for Chinese ministers. The following are some highlights from the 2023-2024 annual report:

  • Dr. Fenggang Yang: How foreign forces transformed traditional Chinese legal systems

    In a recent lecture to Chinese Christians, scholar Dr. Fenggang Yang (杨凤岗) gave an in-depth analysis of the historical evolution and contemporary significance of the modern legal system in Chinese society. He explored the tensions and integrations between traditional law and modern rule of law, highlighting the distinctive characteristics of China’s traditional legal system and emphasizing the role of foreign influences in introducing modern legal practices into Chinese society.