Will Law Demand We Support Gay Marriage?

There was an opinion piece in the Hartford Courant Thursday that asked that question and my answer is “it depends.” The opinion was written by Robin Fretwell Wilson the co-editor of "Same-Sex Marriage and Religious Liberty: Emerging Conflicts." In his opinion he asks some questions…

Is same-sex marriage a way to provide benefits to same-sex couples? Or will same-sex marriage be misused as a hammer to punish traditional religious communities who do not have progressive views on marriage? The nation will be watching Connecticut for an answer.
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The bill specifically exempts clergy from solemnizing same-sex marriages. But the First Amendment already provides that protection.

He then asks these questions…

Must clerks who issue marriage licenses provide licenses to same-sex couples notwithstanding their own religious beliefs? Must a restaurant or church group opposed to same-sex marriage open its doors for a reception dinner or ceremony? Can a Christian marriage counselor refuse to help same-sex couples stay together or must she choose between her job and her moral beliefs?

As I said, “it depends” upon if they are serving the public. If it is a private organization like the Boy Scouts or a private golf course, they can discriminate because they are not “open to the public” they can chose their membership. However, a restaurant owner that serves the public cannot, nor could a marriage counselor if they service the public. A clerk cannot because they are public officals.

The opposition argues that if it against a person’s religious believes they should not have serve or accommodate homosexuals or transgender individuals. They ask why should they have go against their religious tenants.

My answer is, would it be OK for a clerk to refuse to give an inter-racial couple a marriage license? That was the argument that was made back in the sixties when inter-racial marriage first became legal by the Supreme Court. Would it be legal if an orthodox Christian refused to hire a Jewish person? There are many situation where society has said that it is illegal to discriminate against a person even if it goes against your religious beliefs and to grant an exception in the case of homosexuals and transgender people would be wrong. And if we did grant an exception, what message would that send? The message would that it is OK to discriminate against certain groups, and isn’t that discrimination? I also wonder how we are going to prove that it is a religious exception. Are we going to give them a test? Or could a person just say it is against their religious beliefs and be allowed to discriminate?

Right wing conservatives like to hold this up as an example of what they are being forced to do against their religious beliefs…

In New Jersey, a Methodist-affiliated church group, the Ocean Grove Camp Meeting Association, denied the requests of two lesbian couples to use the group's boardwalk pavilion for the couples' commitment ceremonies. The couples sued. Tax authorities yanked the group's property tax exemption and levied $20,000 in back taxes. All across the country, legitimate fears about what same-sex marriage will mean for religious dissenters is fueling opposition to same-sex marriage.

However, they leave out some facts about the case (you know those pesky little facts that get in the way of your argument.) like…

The Division ruled that the couple, Harriet Bernstein and Luisa Paster, have “probable cause” to claim that the ban violates New Jersey’s Law Against Discrimination. Today’s opinion was based on the boardwalk pavilion’s being public by nature of its historic use, open to everyone for decades without restrictions. In fact, the Camp Meeting Association had for years advanced that very argument, by applying for – and receiving – state tax breaks under New Jersey’s “Green Acres” program that requires facilities to be open and nondiscriminatory to all.