ST. PAUL – In spite of testimony from numerous religious organizations in the State of Minnesota, State Representative Paul Torkelson (R-Hanska) said House Democrats are refusing to fix a bill passed last year that interferes with the First Amendment to the Constitution which guarantees freedom of religion.
“In our district we have dozens of churches, religious-based schools and institutions of higher learning,” Torkelson said. “They are all guaranteed protections under the First Amendment, and to watch as the House majority interferes with their First Amendment right is alarming.”
Torkelson said the question centers on whether Minnesota’s religious organizations should have the freedom to hire employees who meet their mission.
Before last year, when gender identity was included within the Minnesota Human Rights Act (MHRA) definition of sexual orientation, the still-existing religious exemption for sexual orientation covered gender identity claims as well. When a new, separate definition of gender identity was passed into law by the legislative majority last year, there was no corresponding religious exemption added.
Assuming the change was a legislative oversight, a proposal was brought forward in a recent House committee hearing that would restore the status quo as it existed from 1993-2023. Doing so, Torkelson said, would protect religious organizations and faith-based schools against claims of gender identity discrimination and allow them to hire teachers and ministers consistent with their mission and values.
Torkelson said the plan has broad support, as the committee heard from the Minnesota Catholic Conference, the Lutheran Church Missouri Synod, the Joint Religious Legislative Coalition, Agudath Israel of Minnesota, and the Islamic Center of Minnesota.
Following their testimony, Democrats on the committee refused to back the amendment, preferring to continue keeping the religious exemption out of state law.
“When partisan feelings are allowed to trump Constitutional rights, that is a major problem and those who believe in a separation of church and state need to take notice,” Torkelson said. “The integrity of the First Amendment must always be maintained.”
Since the exemption has been removed, Torkelson said at least one faith-based school is already dealing with an employment complaint at the department of human rights.