Church of Jesus Christ of Latter-day Saints, other religious organizations file brief with U.S. Supreme Court against transgender protections

SALT LAKE CITY (ABC4) — The Church of Jesus Christ of Latter-day Saints, alongside Evangelical, Baptist, and Jewish religious organizations, has filed an amicus curiae brief with the U.S. Supreme Court, taking a stance against the government affording transgender people legal protections.

In the brief, the lawyers for the organizations argue that granting legal protections to transgender people would “jeopardize established rights and protections securing religious freedom.”

Pro-LGBTQIA+ groups have responded to the brief, disagreeing with that assessment and arguing that transgender rights do not infringe on the ability of religious people to practice their religion. One Utah group, Project Rainbow, said they are “heartbroken” that the Church of Jesus Christ of Latter-day Saints believes “that our community doesn’t deserve access to the same rights and privileges as our peers.”

This brief was filed in two cases before the U.S. Supreme Court, Little v. Hecox and West Virginia v. B.P.J. The Supreme Court agreed to hear these cases in July, and they are focused on bans against transgender women participating in women’s sports.

The Church of Jesus Christ of Latter-day Saints, the National Association of Evangelicals, the Ethics & Religious Commission of the Southern Baptist Convention, the Coalition for Jewish Values, and the Jewish Coalition for Religious Liberty filed the brief.

An amicus curiae brief is a brief filed by outside parties in a court case to offer information or arguments.

While the Supreme Court cases center around the issue of sports, the amicus brief takes a much broader approach. It argues that transgender people should not be afforded protected class status because it would conflict with religious beliefs that gender and sex are inseparable, and because it would threaten religious freedom.

In 2020, Idaho became the first state in the nation to ban transgender women and girls from participating in women’s sports teams at public schools and universities. The ACLU and women’s rights group Legal Voice sued the state on behalf of Lindsay Hecox, a transgender athlete who hoped to compete at Boise State University. A lower court overturned the ban, and the state is appealing that ruling.

Becky Pepper Jackson, a transgender girl who has been on puberty blockers and has identified as a girl since she was in the third grade, sued the state of West Virginia when she was in middle school because she wanted to participate in track and field. A lower court ruled in her favor, citing Title IX, which bans discrimination based on sex in education. West Virginia is appealing that ruling to the Supreme Court.

What’s in the brief?

The brief states that giving transgender people protected status would “chill religious freedom by unsettling federal rights.” Essentially, they are arguing that people may stop practicing their First Amendment rights to religious freedom if they could be sued for discriminating against transgender people.

“A religious organization’s pursuit of a unique religious mission would be molded to avoid government penalties and private litigation rather than to express the organization’s authentic self-definition,” the brief reads. “Religious freedom would be less free.”

The brief also argues that giving transgender people protected status would cause religious organizations to “face stigma.” They are arguing that giving transgender people equal protection under the law would stigmatize religious people and any religious institutions “whose sincere religious beliefs reject any difference between sex and gender.”

They argue that giving transgender people equal protection would cause conflict between the Constitution’s commitment to equality and its commitment to freedom of religion. They also argue that the First Amendment “forbids the government from making people outcasts for their religion.”

Response from Project Rainbow

Project Rainbow is a Utah nonprofit organization that advocates for the LGBTQIA+ community. They released a statement on social media, acknowledging the pain this brief would cause the community and encouraging those outside the community to center love and inclusion.

“We know many people in our community are feeling intensely the pain and suffering caused by consistent attacks on our right to exist with dignity and pursue happiness,” Project Rainbow wrote. “We are heartbroken to see the Church of Jesus Christ of Latter-day Saints file an Amicus Curae brief that formalizes their position that our community doesn’t deserve access to the same rights and privileges as our peers.”

“Trans rights are human rights, and we don’t believe that basic fact infringes on the rights of religious people to worship how they please. We call on people of faith to reject these messages of fear and hate, and to support your transgender and gender diverse congregants,” the statement continues.

You can read the full statement from Project Rainbow here.