...To use a concrete example: should a Massachusetts Catholic court clerk who objects to same-sex marriage be allowed not to process a marriage license for a gay couple (perhaps passing the couple along to another clerk who will do the job)?

There are at least two slippery-slopes to worry about when answering this question. First, if we make accommodations for, say, Catholicism, must we make accommodations for any religion? Some religions are pretty screwy (although I think Corvinianism is pretty cool).

And what about atheists? Why should conscience exemptions only apply to the religious?

Second, if we make accommodation for objections to same-sex marriage, why not other religious and moral convictions? Suppose the clerk’s religion prohibits divorce and re-marriage, or interfaith marriage, or marriages not performed by the One True Church. Should she be allowed to decline to issue licenses in those cases as well?

I am not suggesting that these accommodations would all be equally valid. The point is, rather, that deciding which are and which aren’t is thorny legal and moral territory.

Meanwhile, it’s worth noting religious inconsistency on these questions. One never hears about clerks refusing to grant marriage licenses to divorcees, despite the Bible’s clear condemnation of divorce—the same Bible frequently cited in the gay-rights debate.

Labels: gay marriage, John Corvino, religious liberty

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