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Tuesday, April 14, 2009

In VT Gay Marriage Law, A Hidden Victory for Religious Freedom: David Benkof

in the NY Daily News:
A little-noticed clause in the gay marriage bill recently passed in Vermont offers hope that the gay marriage trend may finally be starting to incorporate some of the concerns and needs of traditionally religious Americans as it spreads across the country.

Echoing the names of gay marriage bills in other states, the Vermont law is entitled "An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage." Such titles in other states are Orwellian - those acts only purport to protect churches from having to marry same-sex couples, which is unconstitutional anyway. So far, same-sex marriage has had no regard for actual religious freedom.

Until Vermont.

The Green Mountain State's new law says in its "Public Accommodations" section that religious groups "shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if the request . . . is related to the solemnization of a marriage or celebration of a marriage." It also bars civil lawsuits against religious groups that refuse to provide goods or services to same-sex weddings.

Now, the Vermont Clause certainly could go farther. I would like to see protections for individuals - not just organizations. Still, it's a vast improvement over the other states that have implemented gay marriage without concern for its repercussions on the traditionally religious.

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