Recently a bill in Arizona was vetoed by the Governor, Jan Brewer. That bill, which would have made it legal for businesses to refuse service to same sex couples for religious reasons, grabbed national headlines and was a topic that was heavily debated. In this instance, the Governor was right to quash this bill in the state legislature.
However, as I have written about in previous posts, I would have like to have seen people look at all angles. Not in such a way as to change their views but as a means to try and see all of the ramifications in the passing of such a law but also how it was able to get so far in the process that it was up to one woman to take a stand and kill the bill. The above cartoon, while admittedly stretching the purview, is one of those things that does make you think about the aspects surrounding such a topic. While many would agree with the individual right to refuse service, however, that act is against the law as it would be discriminating against those whose views, while vile and hate filled, are protected.
It
really does make you think about the rights of the individual business owner.
So, with this topic in mind, I began looking through the law against discrimination on legalzoom.com. True, this is not the most detailed source but
it did provide an interesting high altitude overview. The site summarizes the
subject matter in the following way:
“Like many issues involving constitutional law, the law against discrimination
in public accommodations is in a constant state of change. Some argue that
anti-discrimination laws in matters of public accommodations create a conflict
between the ideal of equality and individual rights. Does the guaranteed right
to public access mean the business owner's private right to exclude is
violated? For the most part, courts have decided that the constitutional
interest in providing equal access to public accommodations outweighs the
individual liberties involved.”
The angle that was applied in the Arizona bill sought to invoke the ideal of religious freedom. However, that really is a difficult argument to make. Basically, they were trying to assume protection not granted by the first amendment. The portion of the first amendment to which they attempted to leverage states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” The amendment prohibits the establishment of laws limiting religion. In fact, many can apply this law against the proposed legislation as the passage of such a bill would, in essence, legally support the imposition of religious beliefs on others. It is an interesting aspect to think about.
What
is going to be a more interesting debate is the one that has yet to come to the
forefront in Illinois. In summary, the bill states that “no religious organization, including a school, is required to provide
religious facilities for a marriage
solemnization ceremony or celebration associated with [that ceremony if it] is
in violation of its religious beliefs.” This is where there very well could be
a much stronger constitutional agreement as it could be stated that the
enforcement of laws supporting same sex marriage could be interpreted as
violating the first amendment in this instance. It will be interesting
if the state would be willing to give a definitive answer in this particular
debate.
That
dichotomy between the government and religious institutions is an interesting
one. While the specific applications within religious institutions is one that
has become highly partisan when it comes to the Arizona bill, as was reported
in the New York Times, this debate is not one of partisanship. This is a
subject that addresses individual views beyond the scope of party lines. It may
be a fine line between what is of political and personal view but there are
definitely topics of public policy that just go too far such as the
aforementioned bill. The New York Times piece summed up that political line of demarcation
in the following paragraphs:
Frank Keating, a former governor of Oklahoma, said that while he opposed
same-sex marriage, issues of public accommodation had long ago been settled. He
said that he, too, would have vetoed a bill like the Arizona one.
“This isn’t 1964 anymore,” he said. “We’ve moved beyond that. If you open
up your doors to the general public, you can’t pick and choose who you are
going to deal with.”
Basically,
the whole point of this post is simple. We all react one way or another to many
different topics, especially one such as the bill that is being discussed
above. Unfortunately, with this reaction many people make assumptions and start
to generalize different groups of people. We are not all the same. There may
have similarities from one person or group to another but there are limits to generalizations
when the individual is responsible for their decisions, their views, and their
motivations.
We
have lost our desire, our drive to understand both subjects and people. Life is
not that simple and even when a subject seems clear cut we need to make a
better effort to try and look at all sides (many, many, many more sides and
aspects then that which is discussed above). Sometimes learning about a subject
is not about arguing for or against, it is about trying to see the whole gray
picture that gives life its color.
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