Religious Views On Same-sex Marriage - Freedom of Religion

Freedom of Religion

One source of controversy is how same-sex marriage affects freedom of religion. There is concern that religious communities might not be able to decide what type of marriages to solemnize. Some same-sex married couples have challenged religious organizations that exclude them from access to public facilities maintained by those organizations, such as schools, health care centers, social service agencies, summer camps, homeless shelters, nursing homes, orphanages, retreat houses, community centers, and athletic programs. Opponents of same-sex marriage have expressed concerns that this limits their religious freedoms. For example, conservatives worry that a Christian college would risk its tax-exempt status by refusing to admit a legally married gay couple to married-student housing. Some legal analysts suggest that failure to reflect gay rights within their organizations may cost some religious groups their tax-exempt status. In addition, religious opponents of same-sex marriage express concern about several specific instances in which they contend that religious freedoms have been abridged due to legal recognition of same-sex unions, including (a) an incident in Canada (which is subject to a different set of laws concerning same-sex marriage than the United States), in which the Knights of Columbus were sued for declining to allow a same-sex wedding reception on their property; (b) removal of real property tax exemption from a New Jersey Christian organization that did not allow a civil union ceremony to be performed on their property; (c) requirements that judges and justices of the peace perform same-sex wedding ceremonies; and (d) the forced closing of Catholic adoption agencies which refused to place children in the homes of married same-sex partners.

There is also a concern that religious people might be marginalized for their beliefs about marriage. Opponents point to the way Carrie Prejean was treated during the Miss USA 2009 controversy. There are also concerns about violence and intimidation against religious people. After a vote to make same-sex marriage illegal in California, same-sex marriage supporters published names of donors to the bill and classified them based on religion and many religious symbols were targeted. Elder Dallin H. Oaks of the LDS Church likened the attacks against religious people to voter intimidation against black people during the American civil rights movement. Some governments have made special provisions for religious protections within the texts of same-sex marriage laws.

Americans United for Separation of Church and State argue that by defining marriage as an opposite-sex institution, the state infringes upon the constitutional right to freedom of religion. In this view, religious groups that do wish to celebrate same-sex marriages are discriminated against when government policies do not permit their religious groups to celebrate marriages as they see fit.