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April 13, 2009 in City
Faith groups losing fights against gays
WASHINGTON – Faith organizations and individuals who view homosexuality as sinful and refuse to provide services to gay people are losing a growing number of legal battles that they say are costing them their religious freedom.
The lawsuits have resulted from states and communities that have banned discrimination based on sexual orientation. Those laws have created a clash between the right to be free from discrimination and the right to freedom of religion, religious groups said, with faith losing. They point to what they say are ominous recent examples:
•A Christian photographer was forced by the New Mexico Civil Rights Commission to pay $6,637 in attorney’s costs after she refused to photograph a gay couple’s commitment ceremony.
•A psychologist in Georgia was fired after she declined for religious reasons to counsel a lesbian about her relationship.
•Christian fertility doctors in California who refused to artificially inseminate a lesbian patient were barred by the state Supreme Court from invoking their religious beliefs in refusing treatment.
•A Christian student group was not recognized at a University of California law school because it denies membership to anyone practicing sex outside of traditional marriage.
“It really is all about religious liberty for us,” said Scott Hoffman, chief administrative officer of a New Jersey Methodist group, the Ocean Grove Camp Meeting Association, which lost a property tax exemption after it declined to allow its beachside pavilion to be used for a same-sex union ceremony. “The protection to not be forced to do something that is against deeply held religious principles.”
But gay groups and liberal legal scholars say they are prevailing because an individual’s religious views about homosexuality cannot be used to violate gays’ right to equal treatment under the law.
“We are not required to pay the price for other people’s religious views about us,” said Jennifer Pizer, director of the Marriage Project for Lambda Legal, a gay rights legal advocacy group.
Twelve states now offer some form of same-sex marriage or same-sex partner recognition. Twenty states and more than 180 cities and counties, ban discrimination against gays, according to the Human Rights Campaign, a gay rights group. Virginia bans it against state employees.
These laws generally offer some type of exemption to religious entities when hiring employees. But some groups are working to expand that exemption to include commercial businesses to protect owners and their employees when exercising their religious views.
Gay rights groups said they do not object to making faith groups’ religious jobs exempt from the discrimination laws but that offering services to the public is different.
“In their role as a participant in the marketplace, they are being required to do that in a non-discriminatory way,” said Brian Moulton, Human Rights Campaign senior counsel.
Battles are increasingly including private businesses. Last August, the California Supreme Court ruled in favor of Guadalupe Benitez, who is a lesbian, when she sued the North Coast Women’s Care Medical Group after doctors said their religious beliefs prevented them from artificially inseminating her.
“We were devastated,” said Benitez, 37, who has been with partner Joanne Clark for almost two decades. Sexual orientation “should never have been an issue,” she said. “The issue was that I had a medical condition.”
The court ruled that North Coast Women’s Care did not have a free-speech right or a religious exemption from the state anti-discrimination law.
“People seem to say that if you enter the world of commerce, you lose all your First Amendment rights” to free exercise of religion, said Jordan Lorence, senior counsel at the Alliance Defense Fund, a Christian legal organization based in Scottsdale, Ariz., that has represented several businesses. “They … have become nothing more than vending machines, and the government can dictate the conditions under which they dispense their goods and services.”
Even when groups opposing homosexuality have prevailed in court, they have gone on to face other setbacks. The Boy Scouts of America won a lawsuit in 2000 because it did not allow openly gay Scouts or Scout leaders. Since then, some private charities have refused to support the Scouts, and some local governments have yanked free use of facilities and other benefits. In Philadelphia, the city is demanding that the Scouts pay $200,000 in annual rent for a building that they had been using rent-free. The dispute is in court.
Some scholars also point to Bob Jones University, which lost its tax exemption over a ban on interracial dating and marriage among students, even though it claimed that those beliefs were religiously grounded. Some legal analysts suggest that religious groups that do not support gay rights might lose their tax exemptions because of their politically unpopular views.
Both sides predict more litigation as gay rights bump up against strong religious beliefs.
Marc Stern, general counsel for the New York-based American Jewish Congress, said: “When you have a change that is as dramatic as has happened in the last 10 to 15 years with regards to attitudes toward homosexuality, it’s inevitable it’s going to reverberate in dozens of places in the law that you’re never going to be able to foresee.”
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Wilson23 on April 13 at 4:48 a.m.
It’s about time. More groups need to be dealt with. They are using the religious crap just like the gun issue. It is or right for this or that and if you don’t then it’s against this amendment or that amendment. It is about time the law is upheld and used. Still have a long way to go to let people know we are human and equal. Those that want to call us second class citizens, then should make us exempt and not have to pay any taxes if they are not going to recognize us and give us the same equality that everyone else gets.
Jimmy on April 13 at 6:47 a.m.
I agree. Our society shouldn’t discriminate based on who people love. We need to keep moving forward. I should be able to openly love and marry multiple women if I want and shouldn’t be discriminated against by the government or anyone else.
DocTom on April 13 at 7:04 a.m.
Interesting article and resulting comments. Our Founding Fathers escaped mass persecution from the ruling classes in Europe and founded the United States of America. After years of intense debate the Constitution along with the Bill of Rights were drafted, formally executed, and placed into the Law of the Land. Among those guarantees to all Americans is the freedom of worship and the legal separation of Church and State. This was specifically enacted for a reason as history will document. Those guaranteed rights have of course been set aside with the resultant selective enforcement against Christians - not those of other faiths, just Christians. Let’s talk about discrimination shall we? Not to fear of course, because very soon I Thes. 4: 16-17 will occur and Christians are literally “Out of this world”.
Megan_B on April 13 at 9:11 a.m.
This all sounds like the segregation period we went through with African Americans. Do these religious groups realize what kind of image they are giving themselves by pressing hate and discrimination? This is the message they are sending out: if you are Gay you can’t go to church or be loved by God. This is FALSE and WRONG. Stop continuing to dig yourselves in a hole.
The first amendment that gives freedom of religion include religion of homosexuals. I know several gay people who would love to go to church and worship openly but feel to discriminated against that they have to keep it to the privacy of their homes.
It is disgraceful that such hate crimes can be based off of such an misinterpreted verse from the bible that is actually referring to sexual intercourse in terms of flesh-pleasure (e.g. such as when someone masturbates or has sex with an animal) it has nothing to do with LOVE.
It also states in the old testament that one should eat swine, but I’m sure many Christians enjoyed their Easter hams.
It’s time to start working on battles that are more significant. Turn all the energy that is directed towards hate and discrimination into helping love for those in need. To be a Christian is to state that you are Christ-Like, and the Christ I read about in the New Testament wouldn’t have turned ANYONE away.
Jimmy on April 13 at 9:54 a.m.
So why is polygamy a crime in our country?
Jpublic on September 24 at 9:47 p.m.
What the homosexuals call hate or homophobia is to most of us nothing more than a moral code opposing their life style. We are not afraid of them, but may-be we should be. They are bent on destroying our religious freedom. They choose a life style that is considered a sin and we are suppose to smile and say welcome? I say choose, there has never been legit proof that their chosen life style is something they are born with.
Time to stand up for our God and say enough is enough.