More on Vermont
I wrote what appears to be the first piece anywhere highlighting the Vermont Clause I blogged about earlier in the New York Daily News (online) today. An excerpt:
…the Vermont Clause certainly could go farther. I would like to see protections for individuals – not just organizations. Still, it’s a vast improvement over the other states that have implemented gay marriage without concern for its repercussions on the traditionally religious.
Without serious religious freedom guarantees, disturbing punishments have been meted out to people and groups who have acted consistent with their belief that marriage is between a man and a woman and that children are best served with both a mother and a father….
Being forced to perform a medical procedure or take photographs when you don’t want to smacks of involuntary servitude. Why do organizations like “Freedom to Marry” feel that gay freedom has to be won on the backs of other people’s lack of freedom to work or not work based on their beliefs?
If some states are going to have gay marriage, people like me need to be protected if we choose to continue to behave as if the definition of marriage that we think comes from God is correct, rather than that of the gay and lesbian community – and the government.
It’s not a coincidence that the first real protections for religious organizations in a gay marriage state came in the first place to implement same-sex marriage by legislative action rather than judicial fiat. The legislative process usually involves compromise, and the need to get a majority often leads to amendments that incorporate each side’s concerns.
The courts in Massachusetts, California, Connecticut and Iowa, however, have implemented same-sex marriage unilaterally, with dissenting voices relegated to, well, the dissents. It’s much healthier for our democracy to deal with its most heated issues in the legislative arena rather than in the courts.
Ideally, we would have federal legislation guaranteeing individual conscience rights when it comes to marriage. Barring that, conservative lawmakers ought to push for strong “Vermont clauses” in all future gay marriage legislation.
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