Sunday, June 26, 2011
Legalizing Discrimination
Friday evening the NYS Legislature passed the Marriage Equality Act but not before passing an amendment that exempted religious organizations from having to celebrate (or recognize) these marriages if they are counter to te religion's principles. Also this amendment can not be severed from the who bill without causing the who bill /law to self destruct. http://open.nysenate.gov/legislation/bill/A8520-2011
I would not want to celebrate my marriage where I am not welcome so that is a moot point,in my mind.
It is the second section that is worrisome to me (see what I have bolded & italicized below) for it legalizes discrimination:
2. NOTWITHSTANDING ANY STATE, LOCAL OR MUNICIPAL LAW OR RULE, REGU
LATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING IN
THIS ARTICLE SHALL LIMIT OR DIMINISH THE RIGHT, PURSUANT TO SUBDIVISION
ELEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OF ANY
RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN
IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPER
ATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS
ORGANIZATION, TO LIMIT EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMO
DATIONS OR ADMISSION TO OR GIVE PREFERENCE TO PERSONS OF THE SAME RELI
GION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH
ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS ESTAB
LISHED OR MAINTAINED.
Now, I am not a lawyer, nor a religious scholar, but I can clearly see how many religiously affiliated groups--Mormons,Catholics,Orthodox Jews, Fundamental Christians, Muslims. . .-- could use this clause to discriminate. Many of these religions run not for profit service delivery and education organizations. Perhaps they will refuse to serve those who are in a same sex marriage, or who so marry. Catholic Charities went out of the business of adoptions in 2006, because under equal protection they would have been forced to place children with gay adoptive parents prior to this type of clause, with this clause in place, Catholic Charities could have just discriminated against the gay want-to-be-adoptive-parents.
I have already heard one diocese say this morning that they will not hire any married lesbians or gay men to teach or work in their parochial schools.
If this legalized discrimination is allowed to stand, I am proposing that all religious organizations that have politicked for these protections have violated their tax exempt status, and should lose that status. This means the Church of the Latter Saints which funded (the California) Proposition 8, no more tax exemptions. Catholic Church & other Christian churches which lobbied against same sex marriage, against the full reproductive health rights of women (see Health care reform) no tax exemptions.
In other words, Religions, you can not have it your way--if you want to politic, if you want not to practice equality,i.e, to discriminate, you should not be afforded tax breaks. (This might also solve many communities' budget problems. . .)
Freedom of religion is also freedom from religion, that's EQUALITY, too.
I would not want to celebrate my marriage where I am not welcome so that is a moot point,in my mind.
It is the second section that is worrisome to me (see what I have bolded & italicized below) for it legalizes discrimination:
2. NOTWITHSTANDING ANY STATE, LOCAL OR MUNICIPAL LAW OR RULE, REGU
LATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING IN
THIS ARTICLE SHALL LIMIT OR DIMINISH THE RIGHT, PURSUANT TO SUBDIVISION
ELEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OF ANY
RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN
IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPER
ATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS
ORGANIZATION, TO LIMIT EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMO
DATIONS OR ADMISSION TO OR GIVE PREFERENCE TO PERSONS OF THE SAME RELI
GION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH
ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS ESTAB
LISHED OR MAINTAINED.
Now, I am not a lawyer, nor a religious scholar, but I can clearly see how many religiously affiliated groups--Mormons,Catholics,Orthodox Jews, Fundamental Christians, Muslims. . .-- could use this clause to discriminate. Many of these religions run not for profit service delivery and education organizations. Perhaps they will refuse to serve those who are in a same sex marriage, or who so marry. Catholic Charities went out of the business of adoptions in 2006, because under equal protection they would have been forced to place children with gay adoptive parents prior to this type of clause, with this clause in place, Catholic Charities could have just discriminated against the gay want-to-be-adoptive-parents.
I have already heard one diocese say this morning that they will not hire any married lesbians or gay men to teach or work in their parochial schools.
If this legalized discrimination is allowed to stand, I am proposing that all religious organizations that have politicked for these protections have violated their tax exempt status, and should lose that status. This means the Church of the Latter Saints which funded (the California) Proposition 8, no more tax exemptions. Catholic Church & other Christian churches which lobbied against same sex marriage, against the full reproductive health rights of women (see Health care reform) no tax exemptions.
In other words, Religions, you can not have it your way--if you want to politic, if you want not to practice equality,i.e, to discriminate, you should not be afforded tax breaks. (This might also solve many communities' budget problems. . .)
Freedom of religion is also freedom from religion, that's EQUALITY, too.
Labels: religious freedom, same sex marriage, tax exemptions
