Christian Health Care Workers Win Huge Victory Against New York Vaccine Mandate

The October 12, 2021, Decision and Order now prohibits the governor and any agencies or persons under her from “enforcing, threatening to enforce, attempting to enforce, or otherwise requiring compliance” with the COVID vaccine mandate. New York is also forbidden to take “any action, disciplinary or otherwise, against the licensure, certification, residency, admitting privileges or other professional status or qualification” of any of these medical professionals as a result of their seeking or obtaining a religious exemption from mandatory COVID-19 vaccination.
United States District Judge David N. Hurd has granted a preliminary injunction to seventeen medical health professionals who hold religious objections to the COVID-19 vaccines. The statewide injunction prevents New York from enforcing employers’ compliance with a “vaccine mandate,” issued on August 26, 2021. That mandate excludes exemptions for religious reasons while allowing exemptions for medical reasons. Thomas More Society attorneys initially filed for federal court relief from this discrimination and constitutional violation on September 14, 2021.
Judge Hurd’s decision holds that the health professionals are likely to succeed at trial on their claim that the mandate unlawfully forecloses the remedy of religious accommodation afforded under Title VII of the federal Civil Rights Act of 1964. In a major victory for religious liberty in the face of what attorneys have labelled “draconian COVID-19 regimes,” Hurd further held that the mandate also violates the Free Exercise Clause of the First Amendment because it is not a neutral law, but rather allows medical exemptions while precluding religious exemptions.
The mandate fails the legal requirement of “narrow tailoring” of non-neutral laws that impact religion because New York failed to show that less restrictive means, such as the use of personal protective equipment, were not sufficient to address the alleged “compelling interest” in limiting the spread of COVID-19. The court further noted that the mandate omitted a religious exemption that, only days before, was present in the mandate’s previous version, and that other states have mandated vaccination in certain circumstances without denying the possibility of religious exemptions.
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Dispelling Unbelief
The closing account of the Gospel of Matthew helps us get inside the mind of those who see Christ but remain blind. Five things are mentioned about the report of some of the guards who were stationed at Christ’s Tomb and bore witness to the truth that Jesus had risen from the grave – in their unbiased minds, a terrifying earthquake and petrifying angel, beyond any reasonable doubt, had brought the facts of Messianic death and immortality to light.
It will never cease to amaze me why those so close to text refuse to accept Truth. Is it not a puzzling wonder why countrymen of Christ should deny their own Messiah? The closing account of the Gospel of Matthew helps us get inside the mind of those who see Christ but remain blind.
11 While they were going, behold, some of the guard went into the city and told the chief priests all that had taken place. 12 And when they had assembled with the elders and taken counsel, they gave a sufficient sum of money to the soldiers 13 and said, “Tell people, ‘His disciples came by night and stole him away while we were asleep.’ 14 And if this comes to the governor’s ears, we will satisfy him and keep you out of trouble.” 15 So they took the money and did as they were directed. And this story has been spread among the Jews to this day – Matthew 28:11-15
Five things are mentioned about the report of some of the guards who were stationed at Christ’s Tomb and bore witness to the truth that Jesus had risen from the grave – in their unbiased minds, a terrifying earthquake and petrifying angel, beyond any reasonable doubt, had brought the facts of Messianic death and immortality to light.
First the Testimony of the Guards.
Some of those posted to guard the tomb on pains of death freely testified to the miraculous events and facts of the case – the ground shook, the stone rolled, the angel blazed, the guards froze and the tomb had been vacated by the man who was now resurrected.
Second the Consideration of the Guards.
In response to this report, the Sanhedrin was convened so that the elders of the Jews might formulate a response to this predicted turn of events.
Third the Enticement of the Guards.
A decision was made to make a one-off payment to the guards to bribe them to suppress the evidence of Christ’s case: in addition, firm instructions were given as to what they should inform any inquiring heart that asked.
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You Reap What You Sow: The PCA’s Internal Difficulties and Membership Losses
Hopefully I am wrong on that point, but to pivot back from the hypothetical to the real, the fact remains that the PCA, like the broader church in America, is not flourishing at the moment and is beset with real problems. If we wish to receive God’s blessing, we shall have to rely on his strength (Jn. 15:5) and submit to his requirements. And that means, as I have said above, that we cannot allow serious public wrongdoing to go unpunished, lest we also incur his wrath
There are many frustrating characteristics about the modern world, one of which is the tendency for people to needlessly complicate things. Anyone who has worked for a large corporation will know what I mean. Suppose that department A has failed to meet its goals because one of its employees has become unreliable and been slack in completing his work. The obvious remedy would be for leadership to pull the slacker aside and tell him that his performance is unacceptable and must promptly improve, or else he will be replaced.
But that is not how most corporations work. Instead of dealing with the troublemaker directly, leadership will call an all-department meeting to discuss the problem, thus taking the productive employees away from their work, dodging the real issue, and putting the department even farther behind. The meeting itself will take any of a variety of forms. Probably it will be suggested that the failure is that of the whole department and everyone will have to hear a lecture about how they need to ‘prioritize’ and work harder to get done what needs accomplished. The people who are working diligently will resent being taken away from their work to get berated about someone else’s wrongdoing, their relations with leadership and the slacker will deteriorate, morale will plummet, and the department will be even farther from accomplishing its goals. The slacker will either a) be oblivious to the fact that all of this talk about working harder is meant for him; or b) realize it is meant for him but not care because he is a selfish, dishonest person who does not care about how his behavior affects others.
Another possibility is that the whole situation will be seized as an ‘opportunity’ for management to lobby for something they want like increased staffing, or else for them to spend much time talking about how department processes need to be improved to increase efficiency. At no point will the attention, authority, and power of leadership be brought to bear on the troublemaker. Anyone who dares to suggest the problem is with a particular person rather than the collective department or its processes, tools, etc. will be promptly silenced and chided for ‘rocking the boat,’ ‘not being a team player,’ or some other trite corporate jargon, and will be solemnly told to ‘be positive.’
That response, so common in the workplace, is essentially that of the Presbyterian Church in America (PCA) as regards her internal difficulties. For some time now there has been a tendency to normalize and make acceptable the experience of certain unmentionable sexual desires by failing to meaningfully combat them. The matter has been debated, discussed, studied, and investigated for almost five years now with an enormous quantity of words. Missouri Presbytery’s reports on Greg Johnson and Revoice contain about 145,000 words (combined), while the 2021 “Human Sexuality Report” is another 30,000 or so. For comparison, the New Testament is about 138,000 words in Greek.
Now I say that all of this excess of time and words has been in great measure an endeavor in dodging the essential issue. Whatever the merits of its formal content, as a method of responding to something that has unsettled the church it has been as tedious and misdirected as the typical corporate response mentioned above. It carefully skirted the root issue and did not hold the offender to account.
And its results have been the same as in a corporation. In the workplace the strained relationships, bad morale, and culture of no accountability for wrongdoing persist even if the original instigator eventually leaves the company. In our case the original instigator of the church’s severe disruption of peace and purity left voluntarily, but the disruption persists and threatens to fester for the foreseeable future in the form of factions, continued debates and overtures at the General Assembly and presbytery levels, and in a general atmosphere of wide-ranging public disagreement.
In the workplace the result of a persistently bad culture is that many employees tire of carrying more than their share of work and of seeing brazen laziness go unrestrained. Many of them reduce their own productivity in response, and many of them leave the company in search of a more disciplined work environment. Bad employees degrade and drive out good ones, in other words.
We seem to be witnessing a similar result. People are leaving the PCA in significant numbers, both as individuals and as churches. A review of the denomination’s most recent five-year summary shows as much when combined with external demographic data. In the 2018-2021 period the PCA baptized 31,070 people. Assuming, what is admittedly imperfect, that our death rate for those years was the same as the national age-adjusted death rate as reported in the CDC’s annual mortality briefs, we lost about 11,890 members to glory in that period. Thus, while our aggregate membership declined by 6,404 from 2018 to 2021, our actual membership loss was almost triple that, and there were about 19,180 people who theoretically should have been in our fold in 2021 who were not. Absent such a membership loss, our actual membership in 2021 would’ve been about 5.1% higher than it was.
I will not be so churlish as to suggest that all of this loss has been a protest against the PCA’s ineffectiveness in maintaining discipline, since there are obviously other possible causes and since there is no way of knowing for certain how much loss is due to what particular causes. Still, there is reason to think that much of that loss is due to people giving up on the denomination and dismissing it as hopelessly ineffective and compromised by worldliness. I have a fair bit of correspondence from people who have done so, and there are other things, including the denominational grapevine and testimonies published at this site, which indicate the same. Indeed, the top three most read Aquila Report stories of 2020 were about people leaving and the newly-forming, independent Vanguard Presbytery, which shows where the attention of at least one segment of the denomination’s membership is focused.
What then should be done in response? First, we must recognize that our current problems are attributable to specific people, not defects in our internal organizational arrangements. It will do precisely no good whatever to amend the Book of Church Order if presbyteries and churches can flaunt it with impunity by ‘creatively complying’ with it or appealing to its (imagined) ‘lack of clarity’ and tying any objections to their disobedience up in years of committee debates, studies, and reports, and in painstakingly slow judicial processes.
Wrongdoers must be confronted and exhorted to repentance, and if this fails the matter must be pursued further, including the institution of formal process against them. It is every elder’s sworn duty to combat serious error (BCO 21-5, 24-6) – such a thing is inherent in maintaining the purity and peace of the church. By serious error I do not mean differences of opinion regarding worship style, whether or not a church has a Sunday evening service, etc. I mean wrongdoing like was involved in some of the deeds of Memorial Presbyterian in St. Louis, like giving practical aid to things that promote such a destructive social phenomenon as sexual confusion, as well as things like slander, blasphemy, rebellion, and unholy public speech. Such egregious wrong must be opposed – a little leaven leavens the whole lump (Gal. 5:9) – or the PCA is certain to fall into apostasy. There seems to have been some of this one-on-one confrontation already, but there needs to be more of it, and we must not content ourselves was hoping that people who disagree concerning things like sexual morality will leave the denomination of their own volition.
Lastly, the time is right to slow our ordination of teaching elders. From 2018 to 2021 the denomination’s number of teaching elders, candidates, and licentiates increased by 208 (4.2%), 167 (31.1%), and 30 (15.6%), respectively, while our total number of churches only increased by 21 (1.3%), missions dropped by 37 (-10.4%), and membership decreased 6,404 (-1.7%). Maybe some of that is due to more teaching elders serving out of bounds in domestic or foreign missions, but a review of recent general assembly minutes did not suggest, insofar as they are able, that such a thing is to account for most of the difference. In any event, my correspondence from presbyteries that rejected overtures like 23 and 15 concerning fitness for office tells me that the failure was due to the opposition of teaching elders where many ruling elders were in favor. Should we then create more such officers when our membership is declining, our churches are increasing only slightly, and their seminary education seems to place them pretty reliably to the left of our ruling elders and membership?
If I am right that the inclinations of our leaders are essentially the same as those of leaders in corporate America, they would answer with an unequivocal ‘yes,’ and I suspect that I can anticipate their larger response. The loss of members and slow growth of churches just prove that we need to put all that much more effort into church planting. And as for the losses, they are probably largely due to COVID and will settle out in a year or two. Sure, some people have some exaggerated concerns owing to ‘gossip outlets’ and fundamentalist fear-mongering, and a few people have perhaps left on that account. But such people simply didn’t believe in the vision, had bad attitudes that negatively impacted the rest of us, and have plenty of other places they can go like the Bible Presbyterian Church and whatnot. All these lost people that we are winning with our beautiful orthodoxy and winsome, contextualized, nuanced, and culturally-competent missions will make up for the loss of the naysayers, so we should view all of this as an opportunity to invest more in our denominational agencies and programs, be even more ambitious in our missions goals, accelerate our diversity initiatives, and maybe even consider whether this proves that deaconesses and other practical and constitutional innovations are in order.
Hopefully I am wrong on that point, but to pivot back from the hypothetical to the real, the fact remains that the PCA, like the broader church in America, is not flourishing at the moment and is beset with real problems. If we wish to receive God’s blessing, we shall have to rely on his strength (Jn. 15:5) and submit to his requirements. And that means, as I have said above, that we cannot allow serious public wrongdoing to go unpunished, lest we also incur his wrath (1 Sam. 2:12-27; Rev. 2:14-16, 20-23). Especially is this the case with those who hold office and have sworn to maintain the church’s purity, for this word stands: “If you make a vow to the LORD your God, you shall not delay fulfilling it, for the LORD your God will surely require it of you, and you will be guilty of sin” (Deut. 23:21). If we will not be true to our vows and maintain our own standards in our own midst, I see no reason to think that he will bless us in our efforts to expand or plant new churches. It takes but a little sin to besmirch much righteousness (Ecc. 9:18). One man sparing what is devoted to destruction brought defeat to the whole nation of Israel (Josh. 7). One man’s census brought calamity on the whole of Israel (2 Sam. 24). And of course, a single act of rebellion plunged our whole race into ruin in Eden. And as I review our denomination’s state and deeds – again, see the last few paragraphs and links here – I think we have more to anger God than a little hidden contraband or an ill-advised census.
Tom Hervey is a member of Woodruff Road Presbyterian Church, Five Forks (Simpsonville), SC. The opinions expressed in this article are solely those of the author and do not of necessity reflect those of his church or its leadership or other members. He welcomes comments at the email address provided with his name.
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Fault Lines: The Social Justice Movement and Evangelicalism’s Looming Catastrophe
It seems as though the American church, having taken a disastrous turn into (largely but not exclusively) right wing politics, is now in danger of overcompensating and repenting in a progressive, rather than a biblical, direction. Fault Lines exposes this and thus is largely a book about American cultural wars and American church politics.
There are not many books that have such an impact that they have made me change my mind. It turns out that Faultlines is one of them. Initially, I approached the book with a degree of scepticism. After all I had heard on the evangelical grapevine that it was ‘extremist’, ‘unbalanced’, and that Baucham was guilty of ‘plagiarism’. And I am against racism and think it is a major problem in the US and the church. However, I am thankful that instead of just reading about the book, I read it myself. And I can only suggest you do the same.
Baucham’s thesis is that the current culture wars in the US over racism and Critical Race Theory (CRT) are in danger of splitting the evangelical church and causing considerable harm. He believes that the acceptance of some of the language and premises of CRT by evangelical leaders is the acceptance of a Trojan horse. He argues that ‘the United States is on the verge of a race war, if not a complete cultural meltdown’ (p. 7).
Fault Lines is not a fundamentalist diatribe or political rant. It is a well-researched, well-written and well-argued clarion call from someone who has not only studied the issues in some depth but, as a black descendant of slaves, has lived them. Fault Lines is not a detailed academic textbook, although it should be required reading for all evangelical students. It is, as Baucham stated in an interview, “the view from 35,000 feet.” If you are confused about what CRT is (and some evangelicals even deny that it exists), then this book is an excellent primer.
His personal story is powerful. He grew up poor without a father, was bussed to a white school and has battled against racism throughout his life. He has walked the walk. Maybe we should listen to his story rather than the white saviours like Robin DiAngelo who make their living out of telling white people they are racist by virtue of their skin colour? The notion that if you are white, then you are racist is itself racist. For Christians we need to ask what has the priority: our skin colour, our culture or our identity in Christ?
Baucham is controversial—at times breathtakingly so. For example, he points out that he had never heard of a black pastor arguing for racial reconciliation or lamenting that their church was 99% black. He states the incontrovertible truth that Africans sold Africans into slavery—to Arabs and to Europeans. And the not so incontrovertible view that ‘America is one of the least racist countries in the world’ (p. 201).
One highlight is the exposure of the false narratives that play such a part in the impressions that many of us base our opinions upon. Some quotes stunned me: ‘We’re literally hunted EVERYDAY/EVERYTIME we step outside the comfort of our homes’ (NBA star LeBron James, p. 45). Or the oft cited and completely false claim from the National Academy of Sciences that ‘one in every 1,000 black men and boys can expect to be killed by police in this country’ (pp. 47–48). That would mean that 18,000 black men and boys would be killed by police. The facts are that, in 2014, 250 black men were killed, of whom only 19 were unarmed. In 2019, the figure was nine (p. 113). How we interpret facts is also crucial. What do you do with the fact that 96% of those killed by police are male? Is this de facto proof that the police are discriminatory against men?
Baucham’s strongest and most important insight is that in dealing with anti-racism, we are dealing a with a new religion—complete with its own cosmology, law, priesthood and canon.
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