Wednesday, July 15, 2015

US Supreme Court Ruling - Gay Marriage, Part 2



Note...The first was part posted on July 14, 2015.


For various reasons church goers are rip victims for spreading rumors and false stories. One example is a recent thread that emerged immediately after the Supreme Court ruling on gay marriages. The stories revolve around clergy are being sued for refusing to perform gay marriages. Others suggest that hundreds or even thousands of such lawsuits will soon be forthcoming. The “gays” are out to destroy the church so some reactionaries have claimed.


Prior to the United States Supreme Court’s ruling granting gay marriage, any clergy acting as a religious official and place of worship could decline to marry anyone for whatever reason. Since the founding of the nation religious officials have had the right not to conduct a wedding of people who are not of that particular faith. Clergy still have that same right today. They could refuse to marry members who the minister feels one or both parties do not uphold a standard of faith that religious community and minister expect in the lives who that church marries. Clergy have that same right today.


A minister could and still can refuse to marry interfaith marriages. A minister could and still has the right to refuse to marry a couple who have not gone through premarital classes, or who as a result of those classes the minister feels are not compatible, or who in the mind of the minister are getting married for a wrong reason or that they are not “ready” to be married.


A Jewish rabbi has never been required to marry a Christian couple, and still can refuse doing so today. An Amish minister still has the right to refuse to marry the most godly young Methodist couple you know just because they are not Amish. The court ruling has not changed a thing, including a minister refusing to marry a gay couple. No church last year could be forced by law to allow its sanctuary and building a Buddhist wedding. The same holds true today. A church can still only permit weddings in its sanctuary that are conducted, assisted or sanctioned by its clergy conducts.


While rational calm religious leaders recognize the above, conservative political leaders (including church leadership who are highly politically engaged) have proposed “religious exemption” clauses to protect clergy, a protection that already exists. Stories of lawsuits are becoming rampant, and at times promoted by religious and political leaders, does not speak well for the state of the church.  


Some politicians and religious leaders are seeking to apply the argument of “religious liberty” and “freedom of conscience” to include people who are outside church related positions who may have a moral or religious objection to providing in some manner services to any person or couple who is living in a manner to which the service provider has an objection. The various legislations of objection are being drafted to encompass government officials, businesses and private individuals.


I find the “religious liberty” position most perplexing. It seems that these individuals are ultimately arguing against laws that serve to protect the faith community as a whole, including conservative Christians. They are seeking to dismantle safeguards that protect their freedom of worship and belief. The very laws that require a Christian who is to serve all citizens as a county clerk by issuing wedding licenses to all legally eligible applicants is the same law which protects that clerk’s spouse, son or daughter from being refused a position at a business based upon the clerk’s spouse’s or offspring’s religious beliefs.


If the clerk or a retail employee has the “religious right” to decline service to gay couple, or a Muslim, then it stands to reason that a private business owner then has the right to enquire into the religious beliefs of a potential employee during the hiring process (which is not currently permitted by federal and state laws). The employer would want to enquire into the belief system of all applicants so as to ensure that that those who are hired will not withhold services to particular clients.


If a business owner does not want to turn away business from people who are gay or Muslim or Buddhist or atheists will want to ensure that each employee’s views will help ensure that they will provide gracious service to such individuals. Hence, in the years to come a person may well feel uncomfortable in hiring conservative Christians who may well not feel comfortable serving such individuals the business serves.


Would the “religious exemption” create the ground for a school administrator to refuse to hire a Christian teacher whose church is against gay marriage because the teacher will have in the upcoming year a student or two who have two dads or two moms? Is it not possible that under “religious exemption” that the school’s administration could claim that the school could not risk the teacher’s beliefs and feelings about gay marriages and families (or other religions) being reflecting in the teacher’s dealings with the student and the student’s parents.  


The constitutional liberties which allow artists to create nude paintings or sculptures guarantee that Christians can stand on a street corner evangelizing. The same public accommodation laws that ensure service to all without discrimination ensures that I will not be turned away from a place of service because the proprietor’s beliefs conflict with mine.


Over the last three decades surveys continually indicate Christians as a whole, as well as practicing conservative Christians, are a diminishing segment in our society. The protections which that will safeguard a Christian minority from discrimination in public accommodation as well as their worship protects Jews, Muslims, atheists, gays and others who are minorities from undue discrimination. 


Christians need to give pause to making legislative changes which ultimately protects their freedoms.

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