Seventh-day Adventists in the South Pacific region have always defended the universal human right to freedom of thought, conscience and religion, but now it is policy. The executive committee of the church in that region voted last month to add a religiou
Seventh-day Adventists in the South Pacific region have always defended the universal human right to freedom of thought, conscience and religion, but now it is policy. The executive committee of the church in that region voted last month to add a religious liberty litigation policy to the church’s working policy.
The policy permits conferences and missions of the church to legally defend their religious liberty rights and the rights of their members, including the right of Sabbath, or Saturday observance, the day Adventists keep holy.
However, the policy encourages out-of-court settlements. “Prudence should always prevail when it appears advisable to seek rights to redress through the judicial system, not the least because of the heavy costs that can be incurred and the possible far-reaching consequences of court decisions,” the policy reads.
These settlements should include “direct negotiations with employers and representation to management by church leaders” and, perhaps, “mediation by government-sponsored agencies for implementing equal opportunity and anti-discrimination legislation.”
The church’s conferences and missions are to follow a five-step process for instigating legal action if an out-of-court settlement fails. They must: Evaluate the genuineness of the case and the integrity of the individual as a bona fide member of the church; consult with appropriate lawyers to determine the range and scope of legal remedies and the chances of receiving a favorable outcome; notify the church’s union conferences or union missions of possible implications and costs of the case before proceeding; monitor the expenses and possible implications of the outcome and report to the church’s union conferences or union missions and to the church in the South Pacific; and consult with church administrators in the South Pacific and the public affairs and religious liberty director at union conferences or union missions before proceeding with litigation.
The policy states that conferences and missions are initially financially responsible for the legal action, but recognizes that “as such cases may create legal precedents…the corporate responsibility of the church increases.”
