Religious
Freedom to Discriminate?
For
centuries, people have used the belief that homosexual behavior is a sin to force
gay people into abstinence or sham marriages; to criminalize same-sex conduct
and imprison, torture, and kill gay men; and to condemn lesbians as witches and
kill them. In America, fortunately, laws against homosexual conduct and laws barring
same-sex marriage have been found unconstitutional. Nevertheless, even now, gay
teens can be sent to “Christian” facilities to be brainwashed out of their
God-given sexuality, as in the movie, Boy
Erased. Some enlightened states have
banned this type of “therapy,” because it doesn’t work but instead causes
depression and suicide. However, there is no federal prohibition against it.
The
Religious Freedom Restoration Act of 1993 was designed to prevent government
regulations from impinging on persons’ right to the free exercise of their religion.
The law provides religious adherents with exemptions from general laws, for
example, to allow them to wear religious haircuts or headgear despite laws or
rules against them, or to allow them to observe their own religious holidays.
However,
some Christians argue that their religious liberty gives them the right to discriminate
against those who don’t share their rules. Thus, religious businesspeople wouldn’t
be required to provide their services to all comers, so, no wedding cake for
same-sex couples, or worse, no medical care for LGBT people. Religious
employers seek to avoid the ACA’s mandate to pay for contraception.
In 2017, Trump
signed an executive order directing the Attorney General to provide guidance to
federal agencies in interpreting this law. The clear purpose of his order is to
allow entities and people regulated by federal agencies to rely on their
“religious views” to discriminate against women and LGBT people. For example,
religious hospitals could refuse to provide abortions or could ban same-sex
spouses from visiting their sick and dying partners, and Social Security
employees could refuse to process benefits for a surviving same-sex spouse.
Such
regulations would be monstrous. Of course, religious groups have the right to
set standards for their own adherents, but it stops there. Their free exercise
of religion does not allow them to impose their standards on outsiders, nor
does free exercise allow adherents of any faith to discriminate against members of
another faith or to exclude Muslim immigrants from the country. It seems to me
that allowing such discrimination would violate the First Amendment by
establishing that brand of Christianity as the state religion. America with a
state religion would be a theocracy. I don’t want to live in any theocracy, let
alone one that denies my right to exist.
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