The Same-Sex Marriage Bill: a Deceptive Claim of Protection for Religious Freedom

Nov 29, 2022 by Jill

by Rick Plasterer, Juicy Ecumenism:

The pending same-sex marriage bill, H.R. 8404, which would become the Respect for Marriage Act, and is being advanced as statutory affirmation of same-sex marriage in the event that the Supreme Court’s same-sex marriage decision, Obergefell vs. Hodges, is ever overturned, is actually worse than it appears, as the interested public is becoming aware.

It is more than a bill to establish at a statutory level what the Supreme Court decreed as constitutional law. It is really a somewhat limited national same-sex marriage antidiscrimination law, and beyond that, could be appealed to as national policy with real consequences for religious or other objectors to same-sex marriage, whether individuals or organizations.

While the bill has been able to advance through the Senate with support from some sources historically opposed to same sex marriage, hard eyed policy analysts, such as Gregory Baylor of the Alliance Defending Freedom and Roger Severino of the Heritage Foundation have carefully shown that there is little real compromise in the bill. The bill includes protection for religious liberty already existing in law, while leaving religious organizations that work closely with the government (such as adoption agencies) vulnerable to attack in federal court. This regime would exist in all parts of the country, including where there are not now sexual orientation and gender identity (SOGI) laws.

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