Questions about religious freedoms in gay marriage bill remain
By: Michael Neibauer
Examiner Staff Writer
November 12, 2009
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| Ward 7 Councilwoman Yvette Alexander tried to widen an exemption in the gay marriage bill but was soundly rejected. (Examiner file) |
Proponents of D.C.’s gay marriage bill say they have carefully carved an exemption to ensure deeply held religious beliefs are not shoved aside.
But an attempt by those opposed to gay marriage to broaden those exceptions outside the church community has garnered meager council support.
The same-sex marriage legislation, as adopted Tuesday by the D.C. Council’s judiciary committee, provides that any religious society can deny a gay couple services, facilities, goods or accommodations related to their wedding without fear of liability.
Ward 7 Councilwoman Yvette Alexander attempted to widen that exemption to individuals but was soundly rejected.
“Just as we’re protecting large institutions, we should ensure that individuals can be afforded the same liberties and protections,” said Alexander, who cast the five-member committee’s lone “no” vote, citing her ward’s “overwhelming” opposition to same-sex marriage.
At-large Councilman Phil Mendelson, judiciary chairman, said the limited exemption was as far as the council should go. Alexander’s amendment, he said, ran counter to the intent of the legislation, “which is to establish under the law equality for same-sex couples.”
“That shield of course would be an invitation to act on that discriminatory impulse,” said Ward 3 Councilwoman Mary Cheh.
The notion that a caterer or owner of a private reception hall might choose not to facilitate a gay marriage is not unprecedented.
In Bernalillo County, N.M., in 2006, photographer Elaine Huguenin refused to provide services for a gay couple’s commitment ceremony, citing her religious beliefs. The couple filed a sexual orientation discrimination complaint. The New Mexico Commission on Human Rights, after investigating, found the complaint justified and ordered Huguenin to pay attorney’s fees totaling $6,637.94.
The photographer has appealed to New Mexico’s 2nd District court. The lawsuit threatens to affect gay marriages, and who must participate in them, if it reaches the U.S. Supreme Court — where Huguenin’s lawyers have promised to take it.
Opponents of D.C.’s gay marriage bill argue the religious liberty exemption is too narrow. The Washington Archdiocese, for example, said in a statement that the legislation “leaves religious organizations and individuals at risk for adhering to the teachings of their faith.”
But the Rev. Dennis Wiley, pastor of D.C.’s Covenant Baptist Church and a gay marriage supporter, said the bill “clearly protects clergy who disagree with me about marriage equality while also standing by the tenants of inclusion” that the District is known for.
mneibauer@washingtonexaminer.com
