Business concerns aside, the question raised by this spate of recent legislation is: where does religious liberty end and the liberty of those affected by religious liberty begin?
In newly independent America, there was a crazy quilt of state laws regarding religion. In Massachusetts, only Christians were allowed to hold public office, and Catholics were allowed to do so only after renouncing papal authority. In 1777, New York State’s constitution banned Catholics from public office (and would do so until 1806). In Maryland, Catholics had full civil rights, but Jews did not. Delaware required an oath affirming belief in the Trinity. Several states, including Massachusetts and South Carolina, had official, state-supported churches.
Earlier this month, Courthouse News reported that two former North Carolina magistrates filed a lawsuit in Wake County Superior Court alleging they were given a choice to either perform same-sex wedding ceremonies or face discipline, termination, and even criminal prosecution.
I have to admit it: I’m RFRA’d out. I felt at least somewhat engaged in the topic when Indiana’s Religious Freedom Restoration Act first came rumbling into America’s media landscape.
Just as America is finally inching closer to marriage equality, (c’mon, SCOTUS, don’t let us down!) states like Arkansas and North Carolina are passing, what are incorrectly termed, Religious Freedom Restoration Acts.