Religion and Human Rights (15): Same-Sex Marriage and Religious Liberty

From someone on the political “right”:

Changes in the law that bring a little happiness, resolve some painful practical injustices (from hospital visitation rights to the ability to benefit from the spousal Death Tax exemption) and help take the previously marginalized deeper into “regular” society should, probably, be seen as a Good Thing.

The role of the Right should be to shape the way that this change takes place, by building in, for example, free speech and “conscientious objection” protections to those who do not go along. If that’s the aim, a position of outright opposition is not the best place to begin. Andrew Stuttaford (source)

This view on same-sex marriage is a welcome change. Unfortunately, many in the religious right still adopt prejudiced and bigoted opinions regarding gays (which doesn’t mean that all on the right are prejudiced or that prejudice is the monopoly of the right). Of course, everyone is entitled to his or her opinions, bigoted or not. That’s a fundamental freedom. And when these opinions are grounded in religious morality, the issue is not only free speech but also religous liberty. The problem arises when people want to impose their opinions and morality on others by way of the law.

If a Christian believes that gay sex, gay marriage etc. are immoral, then he or she has strong reasons not to engage in such activities. And also to communicate these reasons to others and to try and persuade them to be “moral”. What this person should not be allowed to do is to use the power of the state and the law to force others to be “moral”. The role of the state and the law is not to impose one particular view of morality or religion, but to guarantee a maximum degree of freedom and equal treatment to all citizens.

Religiously wrong, a motive of legislation which can never be too earnestly protested against. Deorum injuriae Diis curae. Injustices to the gods are the concern of the gods. It remains to be proved that society or any of its officers holds a commission from on high to avenge any supposed offense to Omnipotence which is not also a wrong to our fellow creatures. The notion that it is one man’s duty that another should be religious was the foundation of all the religious persecutions ever perpetrated, and, if admitted, would fully justify them … A determination not to tolerate others in doing what is permitted by their religion, because it is not permitted by the persecutor’s religion. It is a belief that God not only abominates the act of the misbeliever, but will not hold us guiltless if we leave him unmolested. John Stuart Mill.

So we should outlaw only an offense to Omnipotence which is also a wrong to our fellow creatures: there have of course been attempts to describe homosexuality among consenting adults as something that can produce harm to others (e.g. children adopted by gay couples etc.), but in my view no successful attempts.

To come back to the first quote: the “conscientious objection protections” that are mentioned are indeed useful. Proponent of same-sex marriage such as I should take into account the genuine fears of religious people. When we abolish the laws that refuse same-sex couples the right to marry – and hence abolish one instance of the law being used to impose one person’s morality on another – we should make sure that we respect people’s freedom of religion. For example, we should not make it illegal for a Cathholic priest to refure to marry a same-sex couple, or for a Christian adoption agency to refuse to place children with same-sex couples etc. If we were to make such refusals illegal, we would be needlessly limiting the freedom of religion of those people. I have a detailed post here on the need to balance the rights of gays with the rights of religious people.

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5 thoughts on “Religion and Human Rights (15): Same-Sex Marriage and Religious Liberty”

  1. Go for it God made everybody and equal I love everyone so should everyone else life is to short love who you want I have gay friends love them just like any one else do what you want LOVE YOU BECAUSE GOD DOES AND HE CREATED YOU

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  2. […] Or take the more salient example of laws permitting same-sex marriages. Many religious citizens claim a right to abolish such laws. Their religion doesn’t permit what these laws permit. And even if they have received a personal exemption so that the laws don’t force them to act against their religion (same-sex marriage laws don’t force people into a same-sex marriage, nor do they force people to validate and recognize the same-sex marriages of others), laws such as these do make it possible for other people to act against the word of God. Hence, some religious people want the abolition of such laws, thereby saving people in the eyes of God. However, the implication is that people’s rights are violated by the religiously inspired removal of laws that guaranteed people’s rights. Maybe religious people want to claim that this is the price to pay for the preservation of their right to religious liberty, but I fail to see how people’s religious liberty is violated by the self-regarding actions of others. (More on the relationship between religious liberty and same-sex marriage is here). […]

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