The Limits of Religious Freedom

I am a minister. I believe strongly in religious freedom: Mine, yours, theirs. In fact, the freedom that I have to preach what I feel called to preach, and to practice the faith that I desire to practice, is both personally comforting and significant to my financial well-being and the well-being of my family.

Furthermore, I believe strongly in religious freedom for those with whom I vehemently disagree, which more often than not (sadly) tends to be other Christians. The fact that they are able to be vocal about their faith and maintain their rights to free speech and assembly, comforts me in knowing that my freedom to do the same does not depend upon the mood from one administration to the next. Religious freedom is a bedrock principle in America that should be protected.

However, I also believe that there are important limits to religious freedom. The Constitution does not provide protection for all religious practices, specifically those that infringe upon the rights of others or break specific laws. As I said, I am a minister, not a lawyer, but that is my over-simplified understanding.

Just a couple of the many examples from my own faith tradition:

-Regardless of the Biblical imperative, the American justice system does not allow for execution without due process, and even then, stoning would probably be deemed a cruel and unusual method...especially for disobedient children.

-No matter how nicely the Bible tells us to treat slaves, having slaves at all simply isn't ok. It may have taken us too long to get there, but as a nation we made that decision a while ago, and we even passed laws saying that owning people wasn't ok.

So, I think that the vast majority of reasonable people would agree that there ARE limits to religious freedom. Now that we have established that obvious reality, the real question is not whether we limit religious freedoms, but rather when we limit those freedoms.

More to the point, with the laws passed recently in North Carolina and Mississippi, the debate about the service industry is once again dominating the news:

1. Does a restaurant owner have to serve a member of the LGBT community if they consider doing so to be against their faith?

2. Does a baker have to bake a cake for the wedding of a same-gendered couple?

There are many variations of these questions, but as a pastor and an American, I would like to respond to the general theme of those questions in three general areas: priorities, legal, and being a decent person. These responses are not deeply theological, nor are they exhaustively researched. They are simply my gut reactions:

1. According the US Census Bureau, the median wage in Mississippi is less than $21,000 annually, and more than 21 percent of the persons living in Mississippi live in poverty. I point that out simply to say that if you own a business or are an elected official in Mississippi, then the time and effort put into passing "religious freedom" laws might not be the best use of your considerable power. I would venture a guess that the Jesus we encounter in the gospels might not agree with the priorities demonstrated by these efforts. Let's solve the real problems (especially the ones that Jesus actually talked about), and then we can spend time arguing about other stuff.

2. Back to the simplistic definition stated earlier: "The Constitution does not provide protection for any/all religious practices, specifically those that infringe upon the rights of others or break other specific laws." With regards to the service industry questions listed above, it seems to me that these issues were settled in the 60s during the Civil Rights movement, and it has to do with the different between public/private. If the state issues an individual the right to open a legal business open to the public, then that individual must adhere to the same laws that all other businesses do. In other words, if you want to keep someone from entering your home, or if you decide not to attend a particular wedding, or if you like to bake cakes as a hobby without pay but decide not to for certain weddings, then that is entirely within your rights. However, the second that you open a business sanctioned by the state and are, therefore, "open to the public", then there are laws that must be followed in relationship to that business. Many of those laws are anti-discrimination laws.

3. PLEASE STOP BEING JERKS! I'm serious. I can understand a reading of Scripture that makes it difficult for you to accept homosexuality. I can understand a theological perspective that makes it impossible for you to support marriage equality, or understand the need for bathroom accessibility, etc. I can understand how a particular reading of Scripture could lead someone down that path. And, while I disagree with those interpretations, I can at least respect that individual's desire to be faithful...and am willing to respectfully engage in that theological and even political debate. However, that does not give you permission, excuse, or mandate to be a jerk. Do your job. Do it with a smile. Bake the stupid cake. Hospitality matters. Love matters. Welcoming the stranger matters. Your selective reading of Scripture (I don't see any of these business owners selling everything they own and giving their money to the poor), does not give you the mandate to be jerks.

So, with regard to Christian priorities, (limited) legal understandings, and just being decent human beings, it turns out that the LIMITS of religious freedom are important and worth protecting, just as much as religious freedom itself.

Because, well, this life matters.

Pete