UNITED STATES
JD Supra
Lex Est Sanctio Sanctaa
Timely Topics
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not surprising inasmuch as every faith addresses sexual ethics in some fashion. As discussed below, the Court’s majority sought to assure the faithful opposed to the ruling that the First Amendment continues to protect their right to express their opposition to same-sex marriage, but did not go so far as to assure them of their right to exercise their religion in a consistent manner. In oral argument, the Solicitor General of the United States represented that the tax-exempt status of conservative religious schools may now be called into question. The dissent expressed serious concerns about the repercussions of the decision for religious freedom in America. Indeed, reaction to the decision will pose one of the greatest tests to America’s First Freedom. Will we now penalize or even outlaw the expression of sincerely held religious convictions due to the equally sincerely held convictions of same-sex marriage supporters or will we now reach a constitutional détente respectful of each other’s rights? Religious institutions aligned with the dissent are well-advised to prepare for the worst even as they hope for and work for the best. Toward this end, some are advocating new federal and state legislation to protect their tax-exempt status and other rights. Religious institutions should look to adopt the facility use policies discussed in prior issues of Religious Institutions Update clarifying the uses of their facilities consistent with their theological views and analyze their governance structure and employment relationships with the assistance of church-state counsel, so as to maximize constitutional and statutory defenses. We can assist in this area.
Note: This is an Abuse Tracker excerpt. Click the title to view the full text of the original article. If the original article is no longer available, see our News Archive.