bill of rights

Secular unions vs. Holy Matrimony, Part II

EDITOR’S NOTE: This is the second of two columns on current debates about Holy Matrimony and civil unions.

Gay-rights advocates know the formula and so do their opponents: If gay marriage becomes a civil right, then religious believers who dare to defend ancient doctrines on marriage will become de facto segregationists and suffer the legal consequences.

The problem for the left is that this happens to be true.

"Before we shrug and reply, 'So what if it's religious? It's still bigotry, it's still intolerable,' we need to remember that religious liberty is America’s founding principle. It is embedded in the country’s DNA, not to mention in the First Amendment," argued gay commentator Jonathon Rauch, writing in The Advocate.

"If we pick a fight with it or, worse, let ourselves be maneuvered into a fight with it, our task will become vastly harder. ... Even if you don't happen to believe, as I do, that religious liberty is, like gay equality, a basic human right, the pragmatic case for religious accommodations is clear: Being seen as a threat to religious freedom is not in our interest."

This is the state of things, as the U.S. Supreme Court ponders whether the time is right to address this hot-button topic. Meanwhile, gay-rights groups recently won several ballot-box victories in liberal zip codes.

Some conservatives have proposed radical strategies in response, such as scholar George Weigel's suggestion that it may be time for the Catholic church to "preemptively withdraw from the civil marriage business, its clergy declining to act as agents of government in witnessing marriages for purposes of state law."

That would be a powerful symbolic gesture, but "taking that action would do nothing to resolve the religious-liberty issues that are causing conflicts here in America, or will cause additional conflicts in the future," said Stanley Carlson-Thies, director of the Institutional Religious Freedom Alliance. Even if traditional religious leaders attempt to legally separate Holy Matrimony from secular marriage, it is still the government's definition of marriage that will decide a variety of issues outside sanctuary doors, especially in public life.

"The other question, " he said, "is whether those on the cultural left will be willing, at this point, to settle for civil unions. ... We will need people on both sides to work together if there are going to be meaningful compromises."

One divisive issue in these gay-marriage debates overlaps with current fights over White House mandates requiring most religious institutions to offer health-care plans covering sterilizations and all FDA-approved forms of contraception, including so-called "morning-after pills." These Health and Human Services requirements recognize the conscience rights of employers only if they are nonprofits that have the "inculcation of religious values" as their primary purpose, primarily employ "persons who share ... religious tenets" and primarily serve those "who share ... religious tenets."

Critics insist this protects mere "freedom of worship," not the First Amendment's wider "free exercise of religion."

Here is the parallel: In gay-marriage debates, almost everyone concedes that clergy must not be required to perform same-sex rites that violate their consciences.

The question is whether legislatures and courts will extend protection to religious hospitals, homeless shelters, summer camps, day-care centers, counseling facilities, adoption agencies and similar public ministries. What about religious colleges that rent married-student apartments or seek accreditation for their degrees in education, counseling or social work? What about the religious-liberty rights of individuals who work as florists, wedding photographers, wedding-cake bakers, counselors who do pre- or post-marital counseling and other similar forms of business?

These are only some of the thorny issues that worry many activists on both sides of the gay-rights divide. Law professor Douglas Laycock, then of the University of Michigan, provided this summary in a letter to the governor of New Hampshire.

"I support same-sex marriage," he stressed. Nevertheless, the "net effect for human liberty will be no better than a wash if same-sex couples now oppress religious dissenters in the same way that those dissenters, when they had the power to do so, treated same-sex couples in ways that those couples found oppressive.

"Nor is it in the interest of the gay and lesbian community to create religious martyrs in the enforcement of this bill. ... Every such case will be in the news repeatedly, and every such story will further inflame the opponents of same-sex marriage. Refusing exemptions to such religious dissenters will politically empower the most demagogic opponents of same-sex marriage. It will ensure that the issue remains alive, bitter, and deeply divisive."

Moral climate change in Britain

One of the demonstrators was a small child with a placard that said, "Whoever insults the prophet kill him." Another marcher wore a suicide bomber costume.

Other signs in London said: "Behead those who insult Islam," "Europeans take a lesson from 9/11" and "Prepare for the REAL Holocaust." The organizer of the Feb. 3 event told the BBC that he looked forward to the day when "the black flag of Islam will be flying over Downing Street."

But what stunned British writer Geoffrey Wheatcroft was something else he saw while blitzing through news reports about the waves of fury inspired by those 12 Danish cartoons of the prophet Mohammad.

"Not only did the police make no arrests" during the London demonstration, even though it "openly incited murder; they actually sheltered the fanatics," he noted, in a Slate.com essay. "Two men who tried to stage a peaceable counterdemonstration were hustled away for questioning. A working-class Londoner ... was told in violent language by a cop to get back in his van and go away."

This raises a disturbing question: Have British citizens lost the ability to exercise their free speech rights in public defiance of demands by many Muslim clerics and politicians for limitations on the freedom of the press in the West?

It's hard to answer this kind of question right now because a "moral climate change" has destroyed England's certainty that some things are right and some things are wrong, said Bishop N.T. Wright of Durham, in a speech last week in the House of Lords. Thus, civic leaders cannot agree on the meaning of words such as "freedom" and "tolerance" and religious faith is seen as a threat instead of a virtue.

"The 1960s and 1970s swept away the old moral certainties, and anyone who tries to reassert them risks being mocked as an ignoramus or scorned as a hypocrite. But since then we've learned that you can't run the world as a hippy commune," said Wright, a former Oxford don who also has served as Westminster Abbey's canon theologian.

"Getting rid of the old moralities hasn't made us happier or safer. ... This uncertainty, my Lords, has produced our current nightmare, the invention of new quasi-moralities out of bits and pieces of moral rhetoric, the increasingly shrill and polymorphous language of 'rights', the glorification of victimhood which enables anyone with hurt feelings to claim moral high ground and the invention of various 'identities' which demand not only protection but immunity from critique."

Instead of focusing on the cartoon crisis, Wright described other signs of legal and moral confusion in British life. Prime Minister Tony Blair, for example, sent painfully mixed signals after last summer's suicide bombings. His government leaned one way when it tried to ban efforts to "glorify" terrorism. Then it leaned the other way with legislation that would ban the promotion of "religious hatred."

Wright stressed that it will be dangerous to pass laws that attempt to replace, amend or edit religious doctrines that have shaped the lives of believers for centuries. But politicians seem determined to try.

Thus, Birmingham University forced the Evangelical Christian Union off campus and seized the group's funds because it refused to amend its bylaws to allow non-Christians or atheists to become voting members.

Thus, Wright noted that police have shut down protests in Parliament Square against British policies in Iraq. Comedians -- facing vague laws against hate speech -- are suddenly afraid to joke about religion. And was there any justification for government investigations of the Anglican bishop of Chester and the chairman of the Muslim Council of Great Britain because they made statements critical of homosexuality?

Public officials, said the bishop, are trying to control the beliefs that are in people's hearts and the thoughts that are in their heads. The tolerance police are becoming intolerant, which is a strange way to promote tolerance.

"People in my diocese have told me that they are now afraid to speak their minds in the pub on some major contemporary issues for fear of being reported, investigated, and perhaps charged," said Wright. "I did not think I would see such a thing in this country in my lifetime. ... The word for such a state of affairs is 'tyranny' -- sudden moral climate change, enforced by thought police."