Becket Fund Launches Same-Sex Marriage Book at NewseumSep 10, 2008 The legalization of same-sex marriage poses a direct threat to the civil liberties of religious Americans who oppose homosexuality, a distinguished panel of Constitutional law scholars said last night (Sept. 9, 2008) at the Newseum, in Washington, D.C. The event, co-sponsored by the Freedom Forum, celebrated the Becket Fund for Religious Liberty’s release of a new book, Same-Sex Marriage: Emerging Conflicts.
The law professors, though they had differing views of same-sex marriage itself, universally urged policymakers and citizens to consider carefully the rights of all parties in the conflict. Each of the speakers have contributed essays to the Becket Fund’s book, which is edited by Doug Laycock of the University of Michigan; Robin Wilson, law professor at Washington & Lee University; and Anthony Picarello, formerly at the Becket Fund and now general counsel at the U.S. Conference of Catholic Bishops.
The Freedom Forum panel discussion, moderated by Kevin “Seamus” Hasson, founder and chairman of the Becket Fund, included Laycock and Wilson, as well as Chai Feldblum of the Georgetown University Law Center, and Jonathan Turley, professor of law at George Washington University.
With the illuminated nation’s Capitol shining through the windows, the Newseum panel discussed ways to avoid a take-no-prisoners culture war on same-sex marriage, one that could dwarf the costly and bitter divisiveness the nation has endured over abortion.
Wilson, who is skeptical of tampering with the measurably positive effects of traditional marriage, said that if gay marriage is legalized, religious believers who oppose homosexuality should be exempted from participating or providing services to gay couples, unless there are no other providers available. She used the analogy of conscientious objectors in health care, where doctors and hospitals are not required to perform abortions, for example.
Laycock said that in most of the nation, especially cities, gay couples should be able to find dozens of providers for most any service sought, and religious groups and individuals should not be forced to participate in activities they object to.
Feldblum, a lesbian activist with an Orthodox Jewish upbringing, said dismissive demands by gay and lesbian activists that religious people “Get over it” are as unhelpful and unrealistic as calls by religious groups for gays and lesbians to go back into the closet. She said through civil engagement, conversation and debate, gay rights activists and religious groups would find they have much in common, that each side simply wants and deserves to have their rights and dignity respected.
Turley discussed the possibility that where gay marriage is legalized, governments may rescind the tax-exempt status of churches that run afoul of gay civil rights protections. He said that would be a mistake, even though he supports legalizing same-sex marriage, because it is in the nation’s best interest to grant tax exemptions to civic and religious groups in order to encourage participation and pluralism. He said when the Boy Scouts lose their tax exemption for banning homosexual Scout masters, or Bob Jones University for banning interracial dating, the loss carries a hostile, punitive message. Most people, he added, understand that the First Amendment protects the right of free speech, including speech we disagree with or find abhorrent, and it is important to recognize that it also protects the rights of religious groups, including those who oppose homosexuality.
Hasson, Becket Fund president and author of The Right to Be Wrong, closed the evening saying that today’s legal conundrum must be viewed through the historical “lens” of religious dissent and conscientious objection in America, adding that Quakers, Jehovah’s Witnesses, and other religious dissidents were jailed, persecuted and even hanged for all manner of religious dissent. He said that while the Becket Fund takes no position on same-sex marriage, the great American tradition protects religious dissent and where gay marriage becomes legal, the Becket Fund will stand by religious groups that come into conflict with government authorities.
Based in Washington, D.C., The Becket Fund for Religious Liberty is a nonpartisan, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions.
To arrange an interview with a Becket Fund attorney or official, contact Tom Carter at 202-349-7205, or 202-538-2044 (cell), or becketfund.carter@gmail.com.
Click here for information on ordering Same-Sex Marriage: Emerging Conflicts.
Click here to watch a recording of the book launch at the Newseum. Resources & Documents
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