eNewMexican

Religious freedom remains a ticking time bomb

Religious liberty or freedom from discrimination: Advocates on both sides insist the question is simple. In fact, it is very difficult. Two bedrock principles of the Constitution are brought into direct conflict. Americans have a right in their public liv

The 2015 Supreme Court decision extending the right to marry to same-sex adult couples contained a ticking time bomb. Six years later, the noise is getting loud.

The explosive material has to do with religious freedom. While polls clearly show that a growing majority of Americans support marriage equality, a significant number of religious people continue to believe that same-sex marriage and other evolving understandings of gender and sexuality are transgressions against God’s law.

But how can their dissent be lawfully expressed? The five-vote majority in 2015 papered over this question by insisting the ruling applied only to civil marriage — and thus posed no burden on the right of religions to choose which marriages to bless. As we’ve learned since, however, sanctifying marriages is not the only way religion enters this picture.

You may remember Jack Phillips, baker, and his Masterpiece Cakeshop in Lakewood, Colo. Phillips is a devout conservative Christian who sees his work as an expression of talents given to him by God. Therefore, he chooses not to sell products that he believes to be offensive to God. He doesn’t do Halloween cakes, for example — and he doesn’t do wedding cakes to celebrate samesex unions.

The Colorado Civil Rights Commission found this to be a violation of anti-discrimination laws; the case went to the Supreme Court. In 2018, the justices dodged the question of the baker’s rights by ruling that he had not received a fair hearing.

On Thursday, the Supreme Court again dodged the problem of religious freedom vs. discrimination. This time, the question was whether the city of Philadelphia could force Catholic Social Services to include qualified same-sex couples as prospective foster parents. Seizing on the fact that Philadelphia’s anti-discrimination law allows for certain exemptions, a unanimous Supreme Court ruled that fairness required an exemption be considered for CSS.

Beneath the unanimity, however, lay a splintered court, with a number of justices saying the bomb must finally detonate. Either religious freedom protects those who treat same-sex couples unequally in public life, or it doesn’t.

Justice Neil Gorsuch, in a concurring opinion, counted the cost of dodging this uncomfortable question: “Individuals and groups across the country will pay the price” of endless litigation over the unsettled question, “in dollars, in time, and in continued uncertainty about their religious liberties.”

OPINION

en-us

2021-06-20T07:00:00.0000000Z

2021-06-20T07:00:00.0000000Z

https://enewmexican.com/article/281702617673433

Santa Fe New Mexican