Is religious freedom of greater importance than the constitutional right of equality?
Arizona’s state law SB 1062, which has passed through the legislature and awaits gubernatorial support or veto, argues, ‘Yes’. I suggest, ‘no’, and I do so on religious grounds.
The argument for Arizona law SB 1062 is the protection of the ‘free-exercise-of-religion’. The new statute mandates that as a business owner, I should not have to serve people in my business, if I disagree with their actions on religious grounds. That is, the religious conviction of the business owner would trump the equal treatment of his or her customers. For example, a gay couple at a hotel could be turned away if the hotel owner objects to homosexuality on religious grounds. This is the definition of discrimination.
In this country, for a long time, even to this day – but no longer under the protection of law, we discriminated on the basis of race. This, of course, was a violation of a cornerstone of our constitution; equality. Today, under the guise of religious rights, the Arizona legislature has passed a law allowing businesses to refuse to serve individuals in the public because of religious differences.
We don’t yet know if Arizona Governor Jan Brewer will sign it into law. I dare say, she seems capable of any crazy thing. Remember when she wagged her finger inches from our president’s face? Even if she does sign it, it’s hard for me to imagine that it would stand the test of constitutionality in the long-run.
I’m not a constitutional lawyer, but I fail to see how this an issue of religious freedoms being impinged. If your religion prevents you from interacting with the public with fairness and equality, than change your business. There is no government mandate that you work in a public forum. Regardless of the constitutional point, religious assertion into the public square is fundamentally bad for religion, and ergo, bad for the public.
The Talmud suggests that true freedom of religion begins with freedom from religion: