So you want to change your statement of faith: it’s complicated

In 1992, the Ontario Board of Inquiry decided that Christian Horizons, an evangelical ministry serving people with disabilities, had discriminated against two employees on the basis of “marital status.” The ministry had refused or discontinued employment opportunities for Kelly Parks and Holly MacIntyre after learning they were living in common law relationships, citing the ministry’s policy against sexual relationships outside of marriage.

In theory, Christian Horizons was on solid legal ground. Religious organizations can be eligible for a “special employment exemption” that allows them to prefer employees that share their beliefs. In practice, however, there were very significant problems. In their decision, the Ontario Board of Inquiry found that the special employment exemption would apply to Christian Horizons, except for the fact that:

  • Staff had not been informed of the lifestyle policy during the hiring process
  • A general policy was in the Christian Horizons manual, but it was not applied consistently
  • The lifestyle policy was not a part of the employment contract

In short, having a lifestyle policy that reflected their beliefs was not enough. Christian Horizons needed their theological stance to be thoroughly embedded in the legal infrastructure and practices of their organization. Many Christian ministries are currently in a very similar situation.

When Christian institutions—including churches, ministries, schools, and colleges—decide to update or change their statement of faith or faith-inspired lifestyle policies, most understandably treat the process as a theological one. Perhaps issues have surfaced amongst staff members or leaders; maybe students or church members are pushing for changes. Sometimes, situations arise that make leaders aware that theological stances once considered settled are now considered controversial.

However, many Christian institutions are unaware that a statement of faith is more than simply a theological document. In many religious organizations, it is part of the legal architecture. Changing the statement of faith can come with many legal ramifications, especially as longstanding theological positions on marriage, life, and sexuality have become points of contention in both the culture and within many Christian denominations over the past decades.

It is essential that Christian leaders recognize the legal complexity of changing a statement of faith and take methodical steps to ensure that changes are made within the context of the entire organizational framework of the ministry. Theological clarity is, of course, essential—but for legal purposes, so is a comprehensive, organization-wide approach to any changes or clarifications that are made. Failure to pay attention to details or adopt an integrated approach creates significant headaches down the road.

“A religious organization should be able to explain not only what it believes, but who is expected to affirm it, why that expectation exists, and how it will be applied fairly,” Acacia founder and legal counsel Faye Sonier explained. “Legal strength often comes from consistency: consistent documents, consistent admissions practices, consistent employment expectations, and consistent pastoral application.”

Unfortunately, Christian ministries often find themselves in the position of discovering the vulnerabilities in their infrastructure when pressure—either internal or external—is applied to the organization. A member with views on sexuality and marriage that diverge from the theological stance of the ministry, for example, might want to know why he or she cannot serve in a leadership position when no formal document or policy forbids it.

“The board may be able to clarify doctrine, but that does not mean it can ignore employment contracts, membership rights, admissions practices, or denominational commitments,” Sonier explained. “The riskiest approach is to treat a new statement of faith as a standalone fix. It needs to be integrated into the organization’s governance, employment, admissions, and pastoral care framework.”

“Faith-based organizations should not be afraid of clarity. But they should be cautious about surprise.”

Christian institutions should thus have clear statements on key theological stances, especially those that may prove a point of contention. Stances on sexuality, gender, and other issues should not only be included explicitly and clearly in the statement of faith but should be integrated throughout the legal infrastructure of the organization, including bylaws, policies, employment agreements, offer letters, renewal documents, employee handbook provisions, staff and volunteer conduct policies, etc.

The institution’s positions should be not only pastorally expressed, but administratively clear, with attention paid to specific questions. For example:

  • What is the institution’s position on issues such as pronouns, co-habitation outside of marriage, and pornography?
  • Do the institution’s policies clearly express what the appropriate responses to different practical situations surrounding these issues are?
  • How does the institution’s lifestyle policy (if one exists) line up with the statement of faith and other policies?

In the current legal and cultural context, it is also essential that Christian institutions clearly communicate the statement of faith and its practical implications to staff, volunteers, and other associated parties. If the statement of faith is being changed, we strongly recommend having legal counsel review the ministry’s legal infrastructure to ensure clarity and eliminate vulnerabilities.

The Acacia Group accompanies faith-based communities as they navigate integrating their faith and fundamental beliefs into their work, while working within the religious freedoms’ provisions of the applicable human rights codes and Charter, and case law.

Acacia’s team members will assist you in reviewing your employment agreements, policy manuals, by-laws and organizational structure to ensure that they meet legal requirements and reflect your faith traditions.

This newsletter is provided for general informational purposes only and does not constitute legal advice; readers should consult legal counsel about their specific circumstances.

Jonathon Van Maren is a strategic communications consultant with The Acacia Group, where he supports churches, charities, and faith-based organizations in navigating complex cultural and public issues with clarity and conviction. He is an experienced writer, speaker, and author with more than a decade of leadership in national advocacy, and his work has been widely published across leading North American and European outlets. Drawing on deep expertise in media engagement and crisis communications, he helps clients protect their mission, strengthen their public voice, and advance their work with integrity.

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