CARY, N.C. — Alliance Defense Fund allied attorneys in North Carolina are uniting in their objections to a proposed policy revision which would add “sexual orientation” and “gender identity” to the list of “non-discrimination” ethics rules for attorneys. In a June 22
letter to the North Carolina State Bar, Bryce D. Neier, one of nearly 1,700 attorneys in the ADF alliance, noted that attorneys could be forced to compromise their religious beliefs in order to avoid professional sanctions.
“Christian attorneys shouldn’t be penalized for abiding by their beliefs,” said ADF Senior Counsel Joe Infranco. “If the revision is approved, North Carolina attorneys could be forced to choose between advocating legal positions that are contrary to their sincerely held religious beliefs or risk facing professional sanctions from the state grievance committee.”
In the letter, Neier explains that elevating “gender identity” and “sexual orientation” to the level of a protected class could jeopardize the First Amendment rights and religious liberties of North Carolina attorneys.
“Of the many constitutional protections contained in the First Amendment, the free exercise of religion is perhaps the most revered of all,” the letter states. “Many religious individuals adhere to certain moral precepts regarding sexual behavior. And religiously motivated attorneys are constitutionally entitled to refrain from offering their services under particular circumstances. Yet, although these attorneys are constitutionally entitled to conduct themselves in accordance with their religious convictions, their actions might be characterized as ‘sexual orientation’ discrimination under the proposed provision, and ethical charges might be brought against them. This threat to the religious liberties of attorneys should compel the State Bar to reject the proposed provision.”
As of June 29, 30 ADF-allied attorneys based in North Carolina sent e-mails to the North Carolina State Bar expressing their support of the letter and opposition to the proposed policy revision.
“The primary threat to lawyers is that this language could interfere with the religious liberty interest of attorneys in the selection and handling of cases,” said Neier. “Lawyers should be free to practice law in accordance with their conscience without interference from new rules put in place by a small group of activists.”
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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