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Freedom To Discriminate
ByRobin Wilson wants religious liberty laws to trump non-discrimination laws:
Wedding advisors, photographers, bakers, caterers and other service providers who prefer to step aside from same-sex ceremonies for religious reasons also need explicit protection.
Some have argued that gay-marriage laws do not need such guarantees because they don't require religious objectors to do any particular thing. But new laws are interpreted in light of existing statutes, and Vermont and Connecticut -- as well as all six states still considering same-sex marriage -- have laws on the books prohibiting discrimination on the basis of sexual orientation.
Because of those laws, many people could have to choose between conscience and livelihood.
Some have argued that gay-marriage laws do not need such guarantees because they don't require religious objectors to do any particular thing. But new laws are interpreted in light of existing statutes, and Vermont and Connecticut -- as well as all six states still considering same-sex marriage -- have laws on the books prohibiting discrimination on the basis of sexual orientation.
Because of those laws, many people could have to choose between conscience and livelihood.
But how far do you go? Should a Catholic caterer, for example, be able to refuse to provide food for a second marriage? My own view is: yes. But then I'm a libertarian in many ways. I see protecting religious freedom in the civil sphere as a core principle. And by exposing such religious prejudice so baldly, and allowing the market to disadvantage the bigoted, we may even help jump-start the conversations that will eventually persuade people that they're wrong.
