As states have legalized same-sex partnerships, the rights of gay couples have consistently trumped the rights of religious groups. Marc Stern, general counsel for the American Jewish Congress, says that does not mean that a pastor can be sued for preaching against same-sex marriage. But, he says, that may be just about the only religious activity that will be protected.
"What if a church offers marriage counseling? Will they be able to say 'No, we're not going to help gay couples get along because it violates our religious principles to do so? What about summer camps? Will they be able to insist that gay couples not serve as staff because they're a bad example?" Stern asks.
Stern says if the early cases are any guide, the outlook is grim for religious groups.
A few cases: Yeshiva University was ordered to allow same-sex couples in its married dormitory. A Christian school has been sued for expelling two allegedly lesbian students. Catholic Charities abandoned its adoption service in Massachusetts after it was told to place children with same-sex couples. The same happened with a private company operating in California.
A psychologist in Mississippi who refused to counsel a lesbian couple lost her case, and legal experts believe that a doctor who refused to provide IVF services to a lesbian woman is about to lose his pending case before the California Supreme Court.
And then there's the case of a wedding photographer in Albuquerque, N.M.
On January 28, 2008, the New Mexico Human Rights Commission heard the case of Vanessa Willock v. Elane Photography.
Willock, in the midst of planning her wedding to her girlfriend, sent the photography company an e-mail request to shoot the commitment ceremony. Elaine Huguenin, who owns the company with her husband, replied: "We do not photograph same-sex weddings. But thanks for checking out our site! Have a great day!"
Willock filed a complaint, and at the hearing she explained how she felt.
"A variety of emotions," she said, holding back tears. "There was a shock and anger and fear. ... We were planning a very happy day for us, and we're being met with hatred. That's how it felt."
Willock declined to be interviewed, as did the owners of Elane Photography. At the hearing, Jonathan Huguenin said that when he and his wife formed the company two years ago, they made it company policy not to shoot same-sex ceremonies, because the ceremonies conflicted with their Christian beliefs.
"We wanted to make sure that everything we photographed — everything we used our artistic ability for, everything we told a story for or conveyed a message of — would be in line with our values and our beliefs," he said.
The defendants' attorney, Jordan Lorence at ADF, says that of course a Christian widget-maker cannot fire an employee because he's gay. But it's different when the company or a religious charity is being forced to endorse something they don't believe, he says.
"It's a very different situation when we're talking about promoting a message," Lorence says. "When it's 'We want to punish you for not helping us promote our message that same-sex marriage is OK,' that for me is a very different deal. It's compelled speech. You're using the arm of the government for punishing people for disagreeing with you."
In April, the
state human rights commission found that Elane Photography was guilty of discrimination and must pay the Willock's more than $6,600 attorneys' fee bill. The photographers are appealing to state court.
In fact, a big part of their legal argument affirms the separation of Church and State...The Church [DOMA] can not dictate to the State which committed relationships it can legally recognize as equal...so Civil Marriage or Civil Union is being sought by committed homosexual couples so they will be equally recognized under the LAW, not under the CHURCH!
My laser beam is focused on the legalities of Gay Marriage/Civil Union.
