By Karen Bergh 

RIVERSIDE — An expert on religious freedom issues outlined legal responsibilities and protections for pastors in the wake of a state supreme court ruling legalizing same-sex marriage in California.

Brad Dacus, an attorney and president of the Pacific Justice Institute of Sacramento, said,

“We expect California voters will reverse the California Supreme Court ruling on same-sex nuptials when they vote in November. But in the meantime, the onus is on each of us as ‘leaders of our flocks’ to protect the church from state intervention.”

Dacus, who presented a briefing July 8 at California Baptist University in Riverside, said the “wall of separation” between church and state that has kept the courts “on the other side of the wall” in the past may no longer hold as contemporary issues may present unprecedented legal challenges.

More than 30 church leaders from a variety of Christian denominations, primarily in the Inland Empire, attended the briefing in which Dacus addressed issues concerning hiring and employment practices, marriage policies, and political involvement. 

Dacus provided materials for pastors and other church leaders to use in creating or supporting traditional marriage policies limiting partners to opposite sex couples.

“It is important for a church’s theological position on marriage to be in writing, and to be able to supply the policy upon request,” Dacus said.

He also outlined information regarding U.S. citizenship rights provided to both churches and pastors regarding political involvement. For example, churches may conduct non-partisan voter registration drives and churches may also allow the distribution of non-partisan voter education materials.

“It is important for leaders of churches to understand what rights they do have,” Dacus said.

He explained further that having clearly stated policies — and knowing what churches can and cannot do — can help pave the way not only for solid risk management but preservation of civil liberties during a potentially volatile time of social change and challenges to traditional theological and moral values.

The Pacific Justice Institute is a non-profit organization providing legal representation for families and religious organizations free of charge, through the support of private donors and a network of 900 attorneys who volunteer their time.


Bergh is director of strategic marketing at California Baptist University in Riverside.