Who’s right in Indiana?

The preamble to the U.S. Constitution says the document was established to, among other things, “form a more perfect Union,” and the subsequent 226 years have seen an ongoing and often tumultuous struggle to get it right.

The greatest conflicts occur when fundamental rights collide, and we are witnessing that now in Indiana. The Legislature there has passed and Governor Mike Pence has signed the Religious Freedom Restoration Act.

The law says the government cannot “substantially burden a person’s exercise of religion,” which supporters say is rooted in the Establishment Clause of the First Amendment.   However, opponents say the legislation can be used to justify discrimination, particularly against lesbian, gay, bisexual and transgender individuals.

Critics say, conceivably, a restaurant could put up a sign on the door saying “homosexuals not allowed,” and claim a religious exemption.  But bill supporters counter that, for example, they’re simply providing protection from litigation for the Christian baker who doesn’t want to make a wedding cake for a gay couple.

Who’s right?

New York Times columnist David Brooks suggests the gay rights movement, which is rooted in the quest for tolerance, appears heavy handed here.  “If there is no attempt to balance religious liberty with civil rights, the cause of gay rights will be associated with coercion, not liberation.”

Brooks sees a kinder, gentler way forward.  “But as neighbors in a pluralistic society we try to turn philosophic clashes (about right and wrong) into neighborly problems in which different people are given space to have different lanes to lead lives.  In cases where people with different values disagree, we seek creative accommodation.”

Well said, and it speaks to the common desire of most of us to try to find a way to get along.  However clashes are inevitable.  Conservative Christians believe traditional marriage is under attack and are fighting.  The LGBT community has made remarkable strides in recent years and doesn’t want to give up ground.

It’s inevitable that a same-sex couple planning their nuptials and a deeply religious wedding photographer are going to dig in. But wedding photography is an important aspect of any wedding, as it captures the special moments and memories of the day. With the increasing acceptance of LGBTQ couples, it is important for wedding photographers to be inclusive and respectful of all types of love. If you’re looking for a wedding photography service, you can check out Kate Legters Photography.

Gene Policinski of the First Amendment Center at the Newseum Institute argues that the country’s history of “at times legalized discrimination over race, gender, creed and sexual orientation,” cannot be ignored.

Therefore critics of the Indiana law see a state-approved route to discrimination rather than a protection of religious freedom.

Perhaps if the Union had reached perfection this would not be a federal case, but we’re not there yet so the great clashes of rights will continue.   The hope, however, is that these eruptions, although seemingly destructive at the time, produce new islands of understanding that a civil society builds upon.

 





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