Religion & American Law

The article can be found here.

A bill was recently overwhelmingly passed by the State Representatives in Oklahoma that would allow protection for church clergy members whom refuse to perform marriages for same-sex couples. The bill is deemed to, "protect clergy members from any civil claim or cause of action if they refuse to recognize the marriage of same sex couples". David Brumbaugh, the bill's sponsor, stated that, "It's not about discrimination or anything like that, its just we want to make sure [the clergy] are protected". 

 Although there has been some out-lash from Oklahoma's L.G.B.T community, most claim that while the bill is "unnecessary, it is not discriminatory". This is because as Reverend Walke explains, "No one is forcing anyone to officiate same sex marriages". The first amendment provides the clergy the freedom to practice their own faith, even if that entails denying a couple marriage.

The salient point that this article brings up is whether it should be constitutionally legal for people to refuse or deny service to a group of people whose rights are allowed by law?  Should we expect everyone to put away their beliefs in the name of the State? Or should people with objections based on religions reasons be allowed exemptions? If we allow exemptions, for whom do we stop allowing exemptions for? 

The article particularly reminded me of the baker who refused to bake a cake for a same sex couple in Colorado. The couple took their complaint to court and argued that it is their "constitutional right" to not be denied service on a bases of their sexual orientation. On that first day of class, I originally agreed with the same sex couple and thought that it was wrong of the baker to not bake the cake for the couple. Upon further reflection although, it is clear to me that it is within their first amendment right to refuse service to anyone they please.

Does this then mean that clergy have the right to refuse service as well? Well, upon further research it is clear that while Colorado has a non-discrimination law in place meaning that it, “bars discrimination based on sexual orientation or gender identity” (aclu.org), Oklahoma does not. And so, private entities are allowed to refuse service based on these factors.

This non-discrimination law in general is what I think is at the heart of this argument. Basically, the bill that would give clergy extra protection is an unnecessary step that only furthers Oklahoma from adopting policies such as non-discrimination laws. That being said, are the non-discrimination laws themselves within our first amendment rights? Although it is certainly a progressive step and I by no means think that anyone should be discriminated against, is it okay to punish people whom have a religious reason they want to deny service? If we have the freedom to practice out religions, and this is within our religious, does it make sense that people have the right to refuse service even if it appears to be discriminating against a certain group?

Oklahoma’s L.G.B.T community even claimed for themselves that “freedom means freedom for everyone” and despite the nuisance of such a bill, it is only a reaffirmation of the first amendment right.

In my opinion, the bill is not unconstitutional, but it is just unwarranted. Oklahoma has no anti discriminatory laws, and the clergy should have the right to deny officiating a marriage that they do not want to be involved in. Similar to the man who did not want to bake a cake for the gay couple, although it is unfortunate, it is within his first amendment right to deny service or his own private entity. 

What do you think? Should clergy have protection from persecution if they refuse to acknowledge a same sex marriage?