Legal experts warn D.C. City Council current same-sex marriage bill threatens religious liberty

October 26, 11:21 AMDC Catholic Living ExaminerDenise Hunnell, M.D.

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Legal experts in the field of religious liberty, including noted University of Notre Dame law professor Rick Garnett, sent a joint letter to the D.C. City Council advising the Council that the current D.C. same-sex marriage bill lacks adequate religious liberty protection for religious institutions, private businesses, and individuals. The experts both point out the deficiencies of the current legislation and also provide specific corrective recommendations based on legal precedent and sound legal theory. They are very clear that they are not advocating for or against same-sex marriage. Rather, they are hoping to help the D.C. City Council avoid a legal morass due to inadequate religious liberty safeguards:

We write to urge the D.C. Council to ensure that D.C.’s same-sex marriage bill1—the “Religious Freedom and Civil Marriage Equality Amendment Act of 2009” (or “D.C. Marriage Bill”)—does not infringe on the religious liberty of organizations and individuals who have a traditional view of marriage. It is not only possible to legalize same-sex marriage without infringing on religious liberty, it is the wise course. The contentious debate in Maine, California and elsewhere surrounding same-sex marriage proves the wisdom of constructive, good-faith attempts to both legally recognize same-sex marriage and protect religious liberty for conscientious objectors.

The experts point to numerous examples of potential litigation and government penalties resulting from this failure to protect religious liberty. For example: 

• Individuals of conscience who run small business related to wedding services such as photographers, florists, or bakeries can be sued under public accommodations laws for refusing to offer their facilities or serves to members of a same-sex marriage.
• A church or other religious nonprofit can be sued if it fires an employee for entering into a same-sex marriage.
• Doctors, psychologist, social works, counselors, and other professionals who oppose same-sex marriage on the basis of religious principles can have their licenses revoked.
• Religious fraternal organizations that object to same-sex marriage can be denied food services licenses, child care licenses, or liquor licenses. 
• Religious colleges can have their accreditation revoked for refusing to recognize the validity of same-sex marriages.

This letter does a very good job explaining that the objections to facilitating same-sex marriage do not necessarily stem from animus towards gays:

Some assume that any religious objection to same-sex marriage must be an objection to providing goods or services to gays as such: in other words, that a refusal represents animus towards gay couples. Yet many people of good will view marriage as a religious institution and the wedding ceremony as a religious sacrament. For them, assisting with a marriage ceremony has religious significance that commercial services, like serving burgers and driving taxis, simply do not. They have no objection generally to providing services, but they object to directly facilitating a marriage.

The letter closes with very sensible counsel for the D.C. City Council:

Without adequate safeguards for religious liberty of the sort proposed in this letter, the recognition of same-sex marriage will lead to socially divisive and entirely unnecessary conflicts between same-sex marriage and religious liberty. That is a needless and destructive path where both sides lose. There is a balanced “middle way.” The D.C. Council should avoid either extreme and be the peacemaker. On that note, we would further information, analysis, or testimony to the Council.

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For more info: 

Full text of letter to D.C. City Council

Archbishop Wuerl statements on same-sex marriage legislation