Freedom in the Balance

By: American Decency Staff

As our staff recently visited with Christian patriot Philip Haney, the question was raised:  “How much longer do you think we’ll have religious liberty and free speech?”  Haney’s reply:  “For the rest of your life.  It just depends on the price you’re willing to pay.”

For those who compromise, the earthly cost will be little.  But for those courageous Christians who stand for truth, the price will be immense.  If you’re a florist or baker who refuses to participate in same-sex weddings, be prepared to lose your entire livelihood.  Pharmacists, who had always been protected by conscience clauses, are now told to either sell abortifacient drugs or go out of business.

And now most recently, a chilling ethics rule change by the American Bar Association could lead to the disbarment of attorneys who speak out against things such as homosexuality or transgenderism.

The American Bar Association’s change in its “Model Rules of Professional Conduct” is being described as an unprecedented threat to religious liberty – both for attorneys and their clients. 

The policy states:  “It is professional misconduct for a lawyer to . . . engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. …

The sweeping policy applies not only to conduct regarding actual legal work, but also to “social activities in connection with the practice of law.”

In essence, the ABA is seeking to crack down on attorneys who hold “politically incorrect” opinions.  UCLA law professor Eugene Volokh and free speech advocate warns the ABA wants to “limit lawyers’ expression of viewpoints that it disapproves of.”

Volokh explains:  Say that you’re at a lawyer social activity, such as a local bar dinner, and say that you get into a discussion with people around the table about such matters — Islam, evangelical Christianity, … same-sex marriage, restrictions on the use of bathrooms … One of the people is offended and files a bar complaint.

Again, you’ve engaged in “verbal . . . conduct” that the bar may see as “manifesting bias or prejudice” and thus as “harmful.” This was at a “social activity in connection with the practice of law.” The state bar, if it adopts this rule, might thus discipline you for your “harassment.” And, of course, the speech restrictions are overtly viewpoint-based: If you express pro-equality viewpoints, you’re fine; if you express the contrary viewpoints, you’re risking disciplinary action.

Former Attorney General Ed Meese and Kelly Shakelford of First Liberty Institute are also raising the alarm, as they write:  Anything a lawyer says to another person — whether speaking in church or over dinner … would enable any hearer to file a complaint with the state bar authority.  Even an attorney’s church membership could fall under the description of “social activities” leading to a complaint filed.

Equally concerning is the impact this could have on religious liberty nationwide.  People of faith could go unprotected when their religious liberty is threatened because lawyers will be afraid to represent them. 

Such coercive efforts to eradicate Christian and conservative viewpoints which clash with the mandates of the moral revolution taking place will only increase.  It will eventually work its way down to every profession. 

It is then that we will all have to answer – what price are you – am I – willing to pay for religious liberty?  Are we ready for the consequences of standing up for our beliefs?

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