I’ve been pretty hard on Indiana’s General Assembly, and I’d argue deservedly so, but I certainly don’t want to give anyone the impression that we Hoosiers have cornered legislative incompetence. Over at Peacock Panache, for example, Tim Peacock reports on a bill introduced in Arizona, in the wake of Governor Brewer’s veto of that state’s badly misnamed “Religious Liberty” bill.
HB-2481, also called “Arizona’s First Freedom Act,” seeks to protect those solemnizing marriage in Arizona to protect them from ceremonies they do not want to participate in. Specifically, the GOP is marketing the legislation as protecting ministers from having to marry LGBT couples as it violates their freedom of religion.
Are the bill’s sponsors really that ignorant, or are they just playing to the perceived ignorance of their constituents?
The First Amendment’s Free Exercise Clause already allows ministers to limit religious services as they alone see fit. No minister can be forced to preside over the nuptials of people in violation of his or her beliefs. Free Exercise allows any cleric to decline to perform any wedding: intermarriages, marriages of divorced people, same-sex unions….whatever his or her doctrine proscribes.
These clerical decisions cannot be overruled by government, thanks to the Separation of Church and State that so many conservatives insist we don’t have.
No statute is necessary to preserve this right. Any first-year law student who didn’t know that would be unceremoniously booted out of law school, and any lawmaker who is ignorant of so basic a principle of American law should forfeit re-election.
I really wish the people demagoguing about religious liberty would visit a high school class on the Constitution and discover what rights they actually do and don’t have. That won’t happen, of course, because they are thoroughly uninterested in accuracy. They are pursuing an agenda.
And people with an agenda read the Constitution the same way they read their bibles, if they read them at all: very selectively.