Very soon the US Supreme Court will make a momentous ruling regarding the rights of LGBT people to marry another person of the same gender. This will be a redefinition of marriage, but not the first redefinition. This forthcoming change in national policy and belief is based on the growing acceptance that gay people do not choose their sexual orientation, they only choose what to do with it.
I was raised as a conservative Christian where homosexuality was considered such a taboo subject it was never mentioned in polite company and only obliquely referred to in sermons. Meanwhile, since puberty, I knew I had a dirty little secret. I was attracted to my own gender, it was a conscious attraction. But like a good Christian, I married a woman.
As a conservative Baptist, and as my Baptist forefathers in colonial America, I am a staunch defender of the 1st amendment, both the Free Speech and Separation of Church and State clauses.
Cont.
Eventually I met a gay man, fell in love, left my wife, and we have had a life together for nearly 16 years. I am fully out to most people, a gay rights activist and an agnostic. (Do not get me wrong, leaving religious faith has nothing to do with coming out gay, it is just how I evolved. Although the church's position on homosexuality was not helpful).
So I tell you all this so you understand I understand both viewpoints well, the conservative Christian viewpoint and the gay rights viewpoint.
I still have a residual of shame for being gay with the brainwashing I received growing up and even continuing to hear vile talk about gays from conservative religious people.
One of my two sisters and her husband are conservative Pentecostals, and although, out of Christian love, they have accepted me and my partner into their home for dinner and such, I seriously doubt they will attend our planned wedding this September as that would "be supporting a sinful lifestyle".
Do they truly love me? Without a single doubt. I believe they hope their love will help me leave my sin. I believe MOST Christians who believe homosexual behavior is a sin are the same way, the so-called "love the sinner, hate the sin" mindset. There are exceptions though. There are some religious people who do not act in what they view as love and rather act in vile hatred, such as the Westboro Baptist Church of "God Hates Fags" fame.
OK, so what? What is my point?
Well the US Supreme Court will be deciding marriage rights for LGBT people in June based on the Equal Protection and Due Process clauses of the famous post-civil war 14th amendment. Based on their previous actions, they are most likely going to rule LGBT people have a constitutional right to marry a person of their own choosing, a person of their own gender.
But already, marriage equality opponents are preparing for the next battle, the battle for religious freedom and what they believe is their right to discriminate against those who they believe are violating their sincerely held religious beliefs.
Would we be violating their 1st amendment rights to free speech and separation of church and state if we "force" them to service gay people? Is the answer really that obvious? It is true the Bible has been used to justify slavery, the subjugation of women, racial segregation and prohibitions against inter-racial marriage - all of which has been overturned by either the courts or popular will.
So we have a case in Atlanta, Georgia recently where the fire chief was fired by the mayor for publishing a book that stated the evils of homosexuality. Were the fire chief's 1st amendment free speech rights violated? Is this a case of religious discrimination?
The mayor says he was not fired for his religious views on homosexuality. The mayor says the fire chief was fired for two basic reasons:
1) City policy states ANY employee who publishes a book must have the book reviewed by the city's ethics department. Why? Because their work could be construed as the view of the city and the city wants to make sure the material does not violate all other city policies including anti-discrimination policies. The fire chief did not get approval from the city ethics department prior to publishing his book.
2) The more egregious violation was the fire chief passed out copies of his book within his department, including to those who did not ask for a copy. By doing this, he could have given an impression of prejudice against LGBT people, which would violate the city's anti-discrimination policy.
But here is the kicker, not a single person in the fire department accused the fire chief of discriminating against them in their day to day jobs. Yes, individuals may disagree with his religious views on gays and yes, in exercising his free speech rights, he may "poison the atmosphere" for LGBT folks, but he never explicitly took action against any one individual because of their sexual orientation or because someone might support gay rights.
So was the city wrong to fire him? I expect there may be some knee jerk reactions to this. Some will say of course the city had a right to fire him. Others may say otherwise.
I do not believe the answer is so clear cut. Would I want to work for a boss who publically condemned who I was based on my sexual orientation? Of course not.
If I was a conservative Christian and my boss spoke out against those who are homophobic, would I be uncomfortable and fear discrimination? You betcha.
So is it clear cut? Do ALL Americans have a right to free speech or are there limits based on who you are? The US Supreme Court ruled we do not have a right to yell "Fire" in a theater. OK. But do I have a right to bring my Bible to work and if asked, do I have a right, at work, to say I believe homosexual behavior is a sin according to my religious beliefs? Is that right only true if I am not a boss, or is that right never true?
When are my equal rights as guaranteed in the 14th amendment truly violated? Is it violated by mere free speech and opinion of others? Or is it violated by actions of others that have a material impact on my well being?
Of course, this issue gets even more complicated when one is talking free speech versus free association. Perhaps one has a free speech right to bigotry, but does a shop keeper have a religious right to refuse service?
In the end, I believe someone's rights will be violated. Either LGBT people's right to live freely and openly or conservative religious people to live as their faith dictates.
Both statements are true at the same time:
1. One does not have a right to discriminate against someone based on their sexual orientation, to give them equal rights and the freedom to services granted to the general public.
2. One does not have a right to discriminate against someone based on their sincerely held religious beliefs, to force them to violate those beliefs or to restrict their free speech rights.