Answers for Kemetica
In a previous thread, our new commenter Kemetica posed a few questions:
My point was that those who oppose SSM must be very clear on what it is that they want:
Just to be allowed to dissent (e.g. a clerk doesn't have to file an SSM marriage license) because of conscience?
To be allowed to refuse gays service for arguably expressive activities (e.g. cakes and photos and flowers)?
To be allowed to reject any service to gays in any context (e.g. housing)?
To eventually be able to ban SSM?
To eventually be able to ban domestic partnerships?
To eventually be able to reinstitute the closet?
My answers are a bit too long to be conveyed in a comment in that thread, not to mention that the comments are taking off in a different direction from Keith's original post, so I'm answering them in this new post.
But to answer fairly, I'll need to reframe the questions differently. Actually, they fall into two separate questions.
1. "To eventually be able to ban SSM?"
The short answer is: unquestionably yes.
As I discussed here, IMO and under current equal protection law, a State can have a perfectly rational basis for establishing a special status for one-woman-one-man committed relationships (i.e. marriages). To rehash briefly, biology matters in that men and women are different in ways that complement each other -- and that complementarity not only results in procreation, but indeed has shown through history to be the basis of stable and prosperous societies. A State can (and should) recognize the importance of these facts, as based in biology, by favoring such arrangements.
Secondly, under our constitutional system, a State may, through its duly elected legislature, choose to define marriage to extend to same sex arrangements. I don't think they should, but under our system they can. But the electorate and their representatives ought to be permitted to work out this question one way or the other, so that those who are disappointed by the result can at least respect the process. But if the Supreme Court rules that a State cannot define marriage as one-woman-one-man, that process is taken away from the electorate -- rather than settling the question, preventing the question from being settled See the political effects of Roe v. Wade if you don't believe me.
2. Why should you not be compelled, under penalty of law, to offer services to those selected by the State?
On the questions about "rejecting service" and the like, your questions are framed incorrectly IMO. What you are asking is why the State shouldn't compel any business to offer their services to those identified by the State.
Here's where I'll earn some libertarian points, maybe. IMO, the starting point should be: no person shall be compelled, under threat of law, to perform services to anyone who he or she do not want to, unless there is a damn good reason.
As I mentioned here, race is a damn good reason. We fought a Civil War in which hundreds of thousands of our citizens lost their lives over this issue, and we have express constitutional amendments on this issue. And MLK showed us why racial discrimination is contrary to reason and God's laws.
I would pose that there are few other "damn good reasons" to compel businesses, under penalty of law. Preventing discrimination based on sexual orientation falls short of a damn good reason, IMO. And as Keith mentioned, the market and social stigma can provide excellent motivations in this regard. Few businesses will turn away willing customers -- and if some do for illegitimate reasons as judged by the consuming public, competition will take care of the issue.
But in any case, the law should never require one to violate one's religious tenets (facilitating sin) in order to comply with the law. We must not entertain a regime, as we have now with Obamacare and in the Indiana situation, in which the approach is to enact and enforce such a law, with the possibility that waivers or exemptions may be granted for religious reasons. No -- a law requiring compliance by violation of religious tenets is an unjust law, and "an unjust law is no law at all" (St. Augustine).
Does this mean that a homeowner renting out a room or half of a duplex via AirBnB can choose not to rent to practicing homosexuals so as not to facilitate sin? Of course. Does this mean that a Muslim restaurant can require men and women to sit in separate rooms if required by their flavor of Islam? Sorry, but it means that too.
There you go. Have at it. Convince me of my error.





