LGBTQ Equality Pendulum Abruptly Swinging Back as Religious Exemptions Gain Victories

[trotsky]

http://religiondispatches.org/lgbtq-equality-pendulum-abruptly-swinging-back-as-religious-exemptions-gain-victories/

As the U.S. Supreme Court continues to mull the arguments of a baker who on religious grounds refused to design a custom cake for a same-sex wedding, two cases elsewhere this week suggested that however the high court rules, religious exemptions will remain a front line in ongoing cultural clashes about sexual diversity.

Those who support equality for gay and lesbian couples should pay particularly close attention to these developments, since they come at a time when polls indicate that acceptance of LGBTQ people has undergone a slight decline. In January, GLAAD reported that after years of movement toward equality, “this year, the acceptance pendulum abruptly stopped and swung in the opposite direction.” Among the contributing factors, GLAAD hypothesized, could be President Donald Trump’s attempted ban on trans servicemembers, the nomination and confirmation of conservative Justice Neil Gorsuch, and attempts at the state and local levels to pass laws restricting the rights of LGBTQ citizens.

...

As Columbia University law professor Kent Greenawalt pointed out in a 2017 book, the very structure of the First Amendment’s religion clauses makes resolving disputes of this sort unusually difficult. While the Free Exercise Clause limits the power of government to compel citizens to act against sincerely held religious beliefs, the Establishment Clause (as well as the Constitution’s equal protection provisions) aims to ensure that no individual set of beliefs is privileged over others. Indeed, Justice Anthony Kennedy’s landmark decision in Obergefell v. Hodges recognized that “religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction” their beliefs about same-sex marriage, and that “[t]he First Amendment ensures that religious organizations and persons are given proper protection.”

But what exactly should the scope of that protection be? Continue to watch for cases involving religious exemptions from federal, state, and local laws. They are where the next set of battles about the full legal and human dignity of both LGBTQ citizens and religious citizens will be fought.

[edhopper]

1. Without a Federal Government

to protect Gay Rights and with a Supreme Court on the verge of a far right swing, I think we will go backwards.

And the reason is RELIGION!!!

[Voltaire2]

2. somebody will explain how this has nothing

to do with religion.

[guillaumeb]

3. This:

As Columbia University law professor Kent Greenawalt pointed out in a 2017 book, the very structure of the First Amendment’s religion clauses makes resolving disputes of this sort unusually difficult. While the Free Exercise Clause limits the power of government to compel citizens to act against sincerely held religious beliefs, the Establishment Clause (as well as the Constitution’s equal protection provisions) aims to ensure that no individual set of beliefs is privileged over others

Even as Greenawalt points to the difficulty, in my own view the Establishment Clause should override the Free Exercise Clause. Otherwise there is no right that cannot in theory be violated under the claim of religious belief.

[edhopper]

5. This is exactly the goal

and the platform of the GOP.

In heavily fundamentalist States, it will be a reality soon.

[guillaumeb]

6. A goal that progressives oppose.

[edhopper]

9. Yes

though right now we are losing the battle. Trump and the GOP has set us back decades.

I wasn't arguing with you here, Just commenting off of the quote you posted and what you said.

[guillaumeb]

11. I understood. We both are disturbed by this trend.

No matter how much they may wish it, conservatives cannot turn the calendar back to 1950, or 1850.

[edhopper]

12. they are doing their best too.

[MineralMan]

4. And some religious groups continue to try to meddle in the lives

of people who do not adhere to their beliefs. Same old story. That sort of meddling is why the First Amendment exists. The desire to meddle appears to be endemic in some religious communities. The Constitution is supposed to protect people from such things.

Why do certain religious believers get to tell people who do not believe as they do how to live? That sucks!

[Mariana]

10. Many Christians in the US believe

that God will punish them, if they tolerate "sinful" behavior from others. Every time some disaster happens, preachers get in front of teevee cameras and tell us how it was God's punishment for whatever particular "sin" is their hobbyhorse of the day - same sex marriage, abortion and birth control, teaching evolution in schools, what have you. Those preachers are popular and some have become very rich saying these things, because many, many Christians agree with them. As long as that remains true, we'll have Christians meddling in people's private lives.

[Act_of_Reparation]

7. Yeah, but an Atheist said something mean on the internet.

So let's talk about that instead.

[trotsky]

8. Better yet...

let's make up something that atheist didn't say, and attack them for it. Yay religion!