Wrong is wrong, no matter which side does it.
Recently I saw a news story about a baker who refused to make a birthday cake for a gay person. Some months ago I also read about an auto mechanic in Michigan who refuses to serve openly gay people.
As an ardent supporter of religious freedom, I would like to stand up and say this is not religious freedom. This is simple discrimination against people one disagrees with. This is indefensible and mean-spirited, especially if these people are calling themselves Christians. The business owners in these two cases do not understand the issue.
I hope it’s obvious that we don’t want America heading down a road where freedom of religion can be claimed as an excuse for business owners to refuse service to anyone with a differing opinion.
A clear distinction needs to be made and maintained by religious conservatives. Throughout the “marriage equality” debate I have contended that religious freedom is not about the right to discriminate against LGBT people simply because they are LGB or T. This is not what followers of Jesus are after. What is in contention is the definition of marriage and the right of religious people, including business owners, to not participate in an ideological campaign to redefine marriage.
The proof that the religious freedom debate is not about anti-gay discrimination is clear: The photographers, bakers, and other business owners who first brought this conflict to light had all knowingly served gay customers for years. That is proof. However, these business owners drew the line at providing wedding services because, for them, marriage is a religiously defined institution. According to our Constitution, the government has no right to redefine it for them and then force them to comply. There is also a free speech component involved in many cases.
I fail to see how it is a burden on one’s free exercise of religion to serve a sandwich to, repair a car for, or give a haircut to a gay person. Eating, car repair, and hair-cutting do not ordinarily constitute an ideological statement. By contrast, how a society defines marriage affects a host of fundamental cultural and anthropological concerns. It affects the state of the nuclear family. It affects how a culture views motherlessness and fatherlessness. Forcing a follower of Jesus to participate in an ideologically anti-Christian wedding celebration arguably may burden that person’s free exercise of religion.
So this is not about dislike of gays or any other particular group of people. It’s about government overreach and coercion along ideological lines.
Missing the point
In civil discussions with my friends on the Left, typically they argue that, to be consistent, Christians would also have to refuse to provide wedding services to divorced people, couples who’ve had sex before marriage, interracial, and interfaith couples, because these things are also forbidden in the Bible. This is incorrect for several reasons. To our point here, none of these types of arrangements constitute a fundamental redefining of marriage. Again, religious freedom is not about the right to refuse service to people simply because one disagrees with them.
Some “marriage equality” advocates have contended that “anti-gay” Christian business owners should post signs at their places of business and on their websites openly stating that they refuse service to LGBT people. This would spare LGBT people the indignity of being refused service at a place of business. But again, the issue is not about LGBT people, but about the redefining of marriage. It is not “anti-gay” to agree with Jesus’s definition of marriage. Jesus loves LGBT people, so His followers should too. Therefore, Christians should absolutely refuse to wear the “anti-gay” label because such labeling is a political PR stunt.
I’m a small business owner and I would never post a sign saying I refuse service to gays. However, I don’t want to do graphic design for a gay wedding announcement. But then, neither would I do a wedding announcement for a “throuple.” Or a wedding announcement for a consensual, adult, incestuous marriage. Or a wedding announcement for an open marriage.
Or a celebration for a “female circumcision.” (But here I digress. Slightly.)
Is it ever right to discriminate against gays?
This is not even a desirable question. LGBT people are not subhuman, second-class citizens. It is wrong for anyone, Christian or not, to refuse service to someone simply because he or she is same-sex-attracted, and religious freedom laws do not allow for such behavior. Religious freedom laws simply limit the power of government in unnecessarily forcing an ideology onto religious people. Homosexuality is not an ideology. However, the “marriage equality” movement is part of a left wing, ideological movement called Postgenderism. The government cannot force such an ideology onto the citizenry, try as it might.
We are where we are today because the American government has attempted to solve inequality issues around LGBT people in a doltish and arrogant way. If the real issue was inequalities suffered by LGBT people, those inequalities could have been corrected legislatively through congress. This would have been the constitutionally correct course of action. Instead, five Supreme Court justices pulled a new, arbitrary, ideologically biased definition of marriage out of their butts, and they expect all of America to go along with it.
I’m not anything remotely resembling a lawyer, so I’ll quote Legalzoom:
If there’s an anti-discrimination law, does that mean that a business can never refuse service to a member of a group that is protected from discrimination?
The answer is that you can refuse to serve someone even if they’re in a protected group, but the refusal can’t be arbitrary and you can’t apply it to just one group of people…
… Second, you must apply your policy to everyone. For example, you can’t turn away a black person who’s not wearing a tie and then let in a tieless white man. You also can’t have a policy that sounds like it applies to everyone but really just excludes one particular group of people. So, for example, a policy against wearing headscarves in a restaurant would probably be discriminatory against Muslims…
…“We reserve the right to refuse service to anyone” sounds vague and arbitrary. As we’ve seen, a business can’t just randomly refuse to serve someone.
I think that if a business owner wants to support, serve, and strengthen marriages in line with his/her religious or ideological beliefs, he or she could have a policy of not providing services for unconventional marriages. There would be defensible, societal reasons for doing so. Unconventional marriages would include same sex, open/monogamish, incestuous, and polygamous marriages. People who so desired would be free to be unconventionally married, but the religious business owner would be free to not be involved.
What’s wrong with that? I’d like to hear your opinion.