Thursday, April 10, 2008

Legalizing Gay Marriage Will Spark Lawsuits Against Churches

A succinct analysis of the far-reaching consequences of legalizing gay marriage

From "Legalizing Gay Marriage Will Spark Lawsuits Against Churches" by Roger Severino, posted 4/7/08 at examiner.com


WASHINGTON
- After years of litigation and debate, the California and Connecticut supreme courts are about to decide the question of marriage. If, as some suspect, the courts redefine the institution to include same-sex couples, they will have entered a minefield of unintended consequences — especially with regard to religious liberty.

The experience of legalizing same-sex marriage in Massachusetts, and of civil unions elsewhere, cannot be ignored. It shows that, even with the best of intentions, legalizing same-sex marriage will seriously undermine the religious freedom citizens have enjoyed since the founding.

Although the First Amendment protects dissenting houses of worship from being forced to perform same-sex wedding ceremonies against their will, that is not the end of the story — it is barely even the beginning.

Simply changing the definition of marriage opens the door to a flood of lawsuits against dissenting religious institutions based on state public accommodation and employment laws that prohibit marital status and sexual orientation discrimination.

Additionally, religious institutions that refuse to recognize a new state-imposed definition could be stripped of access to government programs, have their tax exemption denied and even lose the ability to solemnize civil marriages.

We need only look at Massachusetts for a preview of what to expect. There, in 2004, justices of the peace who refused to solemnize same-sex unions due to religious objections were summarily fired.

Read the rest of the commentary.