NYTimes | The
1993 Religious Freedom Restoration Act, which was supported by Senator
Ted Kennedy and a wide posse of progressives, sidestepped the abstract
and polarizing theological argument. It focused on the concrete facts of
specific cases. The act basically holds that government sometimes has
to infringe on religious freedom in order to pursue equality and other
goods, but, when it does, it should have a compelling reason and should
infringe in the least intrusive way possible.
This
moderate, grounded, incremental strategy has produced amazing results.
Fewer people have to face the horror of bigotry, isolation,
marginalization and prejudice.
Yet
I wonder if this phenomenal achievement is going off the rails. Indiana
has passed a state law like the 1993 federal act, and sparked an
incredible firestorm.
If
the opponents of that law were arguing that the Indiana statute
tightens the federal standards a notch too far, that would be
compelling. But that’s not the argument the opponents are making.
Instead,
the argument seems to be that the federal act’s concrete case-by-case
approach is wrong. The opponents seem to be saying there is no valid
tension between religious pluralism and equality. Claims of religious
liberty are covers for anti-gay bigotry.
This
deviation seems unwise both as a matter of pragmatics and as a matter
of principle. In the first place, if there is no attempt to balance
religious liberty and civil rights, the cause of gay rights will be
associated with coercion, not liberation. Some people have lost their
jobs for expressing opposition to gay marriage. There are too many
stories like the Oregon bakery that may have to pay a $150,000 fine
because it preferred not to bake a wedding cake for a same-sex ceremony.
A movement that stands for tolerance does not want to be on the side of
a government that compels a photographer who is an evangelical
Christian to shoot a same-sex wedding that he would rather avoid.
Furthermore,
the evangelical movement is evolving. Many young evangelicals
understand that their faith should not be defined by this issue. If
orthodox Christians are suddenly written out of polite society as
modern-day Bull Connors, this would only halt progress, polarize the
debate and lead to a bloody war of all against all.
As
a matter of principle, it is simply the case that religious liberty is a
value deserving our deepest respect, even in cases where it leads to
disagreements as fundamental as the definition of marriage.
Morality is a politeness of the soul. Deep politeness means we make accommodations.
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