Fort Des Moines Church of Christ in Des Moines, Iowa filed a federal lawsuit on Monday against members of the Iowa Civil Rights Commission, among others, to stop the government from censoring the church’s teaching on biblical sexuality and from forcing the church to open its restrooms and showers to members of the opposite sex.

According to Alliance Defending Freedom (ADF), a non-profit legal organization devoted to defending religious liberty who is representing the church,  the suit involves the Commission’s interpretation of a state law that bans churches from expressing their views on human sexuality if they would make people of “any particular. . . gender identity” feel “unwelcome” at a church service or event.

In other words, the speech ban could be used to gag churches from making any public comments—including from the pulpit—that could be viewed as unwelcome to persons who do not identify with their biological sex.

This interpretation comes from a belief that the law applies to churches during any activity that the commission deems to not have a “bona fide religious purpose.” Examples the commission gave are “a child care facility operated at a church or a church service open to the public,” which encompasses most events that churches hold.

According to the complaint, filed with the U.S. District Court for the Southern District of Iowa, “The language of the Act and the City Code are broad enough to include within that prohibition sermons, theological expositions, educational speeches, newsletters or church worship bulletin text, or other statements from the Church and its leaders.”

It would also require the church to allow people to use restrooms according to their “gender identity” rather than their biological gender.

ADF attorneys representing Fort Des Moines Church of Christ in Des Moines argue in the lawsuit that all events held at a church on its property have a bona fide religious purpose, and that the commission has no authority to violate the First Amendment’s guarantees of freedom of religion and speech.

“Churches should be free to teach their religious beliefs and operate their houses of worship according to their faith without being threatened by the government. That is a foundational First Amendment principle,” said ADF Legal Counsel Christiana Holcomb.

“Churches have always been protected from government intrusion, and they still are. They have a firmly established freedom to teach their beliefs and set internal policies that reflect their biblical teachings about marriage and human sexuality. One can hardly imagine a more obvious unconstitutional invasion of the state into the internal affairs of the church.”

The Commission published its erroneous interpretation of the law in a brochure entitled, “A Public Accommodations Provider’s Guide to Iowa Law.” In a question-and-answer section, the document asks, “Does this Law [the Iowa Civil Rights Act] Apply to Churches?” The guide answers the question by saying, “Sometimes. Iowa law provides that these protections do not apply to religious institutions with respect to any religion-based qualifications when such qualifications are related to a bona fide religious purpose. Where qualifications are not related to a bona fide religious purpose, churches are still subject to the law’s provisions. (e.g. a child care facility operated at a church or a church service open to the public).”

The Fort Des Moines Church of Christ lawsuit is known as a “pre-enforcement challenge” which allows citizens to challenge a law before the government enforces it against them. For example, organizations such as the American Civil Liberties Union and Planned Parenthood routinely file such lawsuits against laws they oppose.

“Americans, including church leaders, have the right to challenge unjust laws. We don’t have to be punished or thrown in jail before we seek justice,” said ADF Senior Counsel Steven O’Ban. “The government should never have the unchecked power to violate foundational, constitutionally protected freedoms.”

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