July 9, 2015
Column #1,767
Protect Your Religious Liberty
By Mike McManus
In his dissent to the same-sex marriage case before the Supreme Court,
Justice Samuel Alito warned: “Today’s decision usurps the constitutional right
of the people to decide whether to keep or alter the traditional understanding
of marriage…It will be used to vilify Americans who are unwilling to assent to
the new orthodoxy.”
Do you remember Brendan Eich, cofounder and CEO of Mozilla, who was dismissed
from his company in 2014 when it was discovered that in 2008 he donated $1,000
to California’s Proposition 8 campaign that led to California supporting
marriage as the union of one man and one woman? He was still unemployed a year
later.
Even worse, Melissa Klein who owns Sweet Cakes by Melissa was fined $135,000 for
refusing to bake a wedding cake for a lesbian couple citing her religious
beliefs. Oregon’s Bureau of Labor and Industries forced her to pay the fine,
which was so huge she closed her store. Fortunately, Christian contributions
enabled her to pay it.
During oral arguments for the Obergefell v. Hodges Roberts, C.J. case, Justice
Alito asked Solicitor General Donald Verrilli whether universities that believe
in traditional marriage might have their federal tax exemption challenged by
advocates of same-sex marriage. Verrilli replied, “It’s certainly going to be an
issue. I don’t deny that. I don’t deny that, Justice Alito. It is – it is going
to be an issue.”
In his dissent to same-sex marriage, Chief Justice John Roberts wrote, “Hard
questions arise when people of faith exercise religion in ways that may be seen
to conflict with the new right to same-sex marriage – when, for example, a
religious college provides student housing only to opposite-sex couples, or a
religious adoption agency declines to place children with same-sex married
couples. Indeed, the Solicitor General candidly acknowledged that the tax
exemptions of some religious institutions would be in question if they opposed
same-sex marriage.”
What can be done to protect religious liberty? I have three suggestions.
First, Congress should pass the First Amendment Defense Act which would prohibit
the Federal Government from taking action against an institution that opposes
same-sex marriage by revoking a tax-exemption of barring them from receiving
federal grants. This law would be a crucial shield protecting religious liberty.
Second, state governments need to pass similar laws. Kansas Gov. Sam Brownback
issued an Executive Order this week to protect religious leaders and groups who
do not approve of same-sex marriage. The order keeps state government from
taking actions against officials and organizations “on the basis that such
person or organization believes or sincerely acts in accordance with a religious
belief or moral conviction that marriage is, or should be recognized as the
union of one man and one woman.”
Brownback acknowledged the Supreme Court’s authority to force Kansas to
recognize same-sex marriages for the first time. However, he said, “We also
recognize that religious liberty is at the heart of who we are as Kansans and
Americans and should be protected. Today’s Executive Order protects Kansas
clergy and religious organizations from being forced to participate in
activities that violate their sincerely and deeply held beliefs,” Brownback
asserted.
Texas Gov. Greg Abbott also issued a “religious liberties directive” ordering
Texas agencies to prioritize the First Amendment and ensure that nobody “takes
any adverse action against individuals who are “substantially motivated by
sincere religious belief.”
These gubernatorial actions are commendable, but passage of a state law
comparable to the First Amendment Defense Act, sponsored by Sen. Mike Lee of
Utah and Rep. Raul Labrador of Idaho would give deeper protection.
The American Academy of Pediatricians asserted that “there should be little
debate about the effects same sex marriage has upon children: Same-sex marriage
deliberately deprives the child of a mother or father and is therefore
detrimental.”
The U.S. Conference of Catholic Bishops published a bulletin insert in Catholic
churches on Sunday that attacked the court for “falsely redefining marriage,
threatening religious freedom in numerous ways.” It urged Catholics to “give
witness to the truth of marriage,” and to be prepared for false charges of
discrimination.”
The insert asked, “What is marriage?” USCCB President Archbishop Joseph Kurtz
answered, “Marriage is the permanent and exclusive union of one man and one
woman for the good of the spouses and for the procreation and education of
children.”
Finally, churches and other religious organizations need to take steps to
protect themselves. Catholic Bishop Joseph Mattera recommended that church
bylaws state that the church will not perform same-sex weddings, or allow its
facilities to be used for one.
We must protect religious liberty, America’s most important freedom.
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