The California Supreme Court abolished the state’s same-sex marriage ban in May, sparking public celebration in some places and angry protest in others. Now some critics of same-sex marriage are fighting back with an initiative to reinstate the ban, leaving voters once again divided. Should marriage remain between a man and a woman, or is it time to widen the aisle for same-sex couples? (Editor's Note: On November 4th, California voters passed Proposition 8 to ban same-sex marriage.)
Almost as soon as the California Supreme Court narrowly struck down the state’s voter approved Defense of Marriage Act – also known as Prop. 22 – in May, church pastors besieged PJI with phone calls. These pastors had two concerns: 1) that their churches would be forced to host gay marriage ceremonies when the Bible expressly condemns homosexuality; and 2) that pastors who oppose gay unions would be forced to perform the ceremonies despite their religious convictions.
Whether you agree with the Bible’s position on homosexuality or not, the First Amendment generally prohibits state governments from forcing people to act in a manner that violates their religious beliefs. Still, if Prop. 8 does not pass, churches and pastors who refuse to host or perform same-sex weddings risk being sued for discrimination under California’s Unruh Act, which prohibits businesses from discriminating against same-sex couples.
The specter of costly lawsuits presents churches and pastors with a painful choice: Host gay weddings despite their religious convictions, or use their limited financial resources -- which are better spent helping people in need – to fight to preserve their constitutionally protected religious freedoms.
Others will face that choice, too. A Christian photographer in New Mexico was sued earlier this year for refusing to photograph a same-sex commitment ceremony. Under the Unruh Act, owners of wedding-related businesses in California would face similar suits.
Many owners of wedding-related businesses believe they are called to serve as witnesses for God through their chosen professions. They would rather forego any additional business same-sex ceremonies might bring in than violate their religious convictions. While the line against discrimination has to be drawn somewhere, should wedding-related business owners be forced to ignore their religious convictions and support California ’s gay community?
If anything, California ’s pro-gay faction is trying to impose its views on the rest of California , not the other way around.
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