A newly enacted law in California that requires virtually all employers to give employees “anti-hate speech” training is raising red flags, as experts say that the mandate could force churches to provide training that conflicts with sincerely held biblical beliefs regarding sexuality, gender, and marriage.
Late last month, California Governor Gavin Newsom (D) signed into law AB 1803, a measure that requires all employers with five or more workers, including all churches and other nonprofit religious organizations, to provide employees with “anti-hate speech” instruction. But as observers like the California Family Council (CFC) are pointing out, the legislation does not define “hate speech,” instead handing the job to the state’s Civil Rights Department. The bill mandates that the training must confront workplace speech that “vilifies, humiliates, or incites hatred” against individuals based on what the state has already deemed a protected characteristic, which includes sex, gender identity, gender expression, and sexual orientation.
The CFC goes on to observe that the statute, which will go into effect on January 1, 2028, never mentions churches or religious nonprofits and their First Amendment rights to hold sincerely held religious beliefs about sexuality and gender. It also “fails to separate protected expression from unlawful conduct,” noting that the Supreme Court held in 2017 that “the First Amendment has no hate speech exception.”
Greg Burt, who serves as vice president of CFC, further pointed out the problems with AB 1803’s vague language regarding key terms that it says constitute “hate.”
“What does it mean to vilify? What speech actually humiliates?” he wondered during “Washington Watch with Tony Perkins” Tuesday. “[M]any times legislators consider many Christian beliefs when they’re expressed — especially regarding sexuality or gender — they accuse us of hating people. That’s [the] farthest thing from my mind. But we are simply advocating for our view that sex is determined by biology, and God created us both male and female. Well, to many people that is humiliating and that incites hatred. And so that’s the problem with this legislation.”
Burt went on to clarify that AB 1803 is being folded into a previously enacted statute that mandates sexual harassment training, which already specifies that using accurate biological pronouns constitutes “harassment.”
“[Businesses are] already required to go through sexual harassment training, and we found out several years ago they redefined what sexual harassment means to include gender identity,” he explained. “… [The] California Civil Rights Department says misgendering is harassment, and so this training is on top of that already egregious training.”
As for how employers can fulfill the required training, Burt noted that hiring outside trainers is allowed, but the state-provided training that includes pro-LGBT messaging is free. “Right now, the state puts together a free curriculum — that’s how they do it with sexual harassment training, but you’re not required to use that training. You can come up with your own. But we don’t know exactly what ‘anti-hate’ is going to include, right? [Their] definition of speech that ‘humiliates’ — what does that mean? It really depends on the person who’s receiving the language.”
Burt further urged churches and other religious organizations in the Golden State to push back vigorously against the mandate. “What I think the state is doing is it’s trying to intimidate churches into following through with this,” he lamented. “They should not be receiving any kind of ideological training from the state on any moral issue. That’s why what churches need to be doing is asking for religious accommodations. The federal law and the state law already require businesses to accommodate people’s faith if they’re being required to do something that violates their faith. … [T]his is one of those points in history here in California where civil disobedience is going to be necessary.”
Burt concluded by emphasizing that state officials in California are counting on churches to kowtow to their demands instead of standing up for the constitutional freedoms, which has already proven to be a winning strategy.
“I’m sure they’re already thrilled that they get to retrain the entire population to believe what they believe regarding gender identity,” he reflected. “And so once we get accustomed to this and say, ‘Well, this is just what California requires, I guess we have to do it.’ No, you don’t. Folks, you’ve got to resist, and that includes individual employees. That’s what we are encouraging people to do. And we are having success. We have some attorneys we’re working with, and when people have been asking for religious accommodations, they have been accommodated.”
