When the United States of America was formed along with it came the Constitution, and the Bill of Rights. The Bill of Rights contains the first ten Amendments in the Constitution, these rights offer numerous specific limitations on the national governments ability to interfere with personal liberties. Right away the Bill of Rights starts out with the first amendment stating that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right the people peaceably to assemble, and to petition the government for a redress of grievances” (Bill of Rights Institute). This was intended for the citizens of the United States to be able to practice and preach any preferred religion without the national government’s involvement. Some religious individuals have used this amendment as a defense toward the issue of homosexuality, gender and same sex marriage. The history of homosexual individuals and their fight toward equality has been around for centuries. The first ever report of this activity was in 1624 when “Richard Cornish is executed in Virginia for alleged homosexual acts with a servant” (PBS.org). During that time, it was socially and morally unacceptable for a person to have a sexual orientation toward the same gender. The punishments were much more severe and often lead to the execution of the homosexual individual. Although in the twenty first century many things have changed on how people view homosexuality and gender. Some things have improved and people have become more accepting of the things that once were taboo. The fight still continues to this day and it is often questioned were religious liberties end and gay rights begin.
In the 21st century the LGBT community have endured many challenges in achieving anything concerning equal rights. Statistics show that Gay and Lesbian households are above average with income and educational levels compared to other minority groups. These individuals are using their income and intelligence to their advantage to help make legal changes. In the 1970s, homosexual activists were dedication to ending the legal restrictions on civil rights for gay and lesbian individuals founded Lambda Legal, the National Center for Lesbian Rights, and Gay and Lesbian Advocates and Defenders. (GLAAD). In the text, American Government and California Politics by Karen O’Conner and Larry J. Saboto, it states that the from the efforts of the gay rights advocates “These groups won important legal victories concerning HIV/AIDS discrimination, insurance policy survivor benefits, and even some employment issues” (O’Conner). The Gay Rights Movement has been making progress with their efforts in fighting discrimination and becoming equal under the law. Unfortunately, there are still individuals who do not believe in their lifestyle and do not want the LGBTQ community to have these rights. It is also stated in the text that “Recent state-level legislation banning transgendered people from using the bathroom of their self-identified gender and “religious freedom” laws allowing individuals to choose not to provide goods and services to gay couples based on the religious beliefs of the individuals have been characterized as a backlash by rights advocates” (O’Conner). According to the first Amendment religious individuals are able to practice their faith without the involvement of the government and have turned into refusing service to homosexuals. Therefore, this practice has made discrimination acceptable in the eyes of the law because they are expressing their religious liberties that falls in line with this amendment.
Multiple cases have risen concerning the discrimination against LGBTQ individuals based off of religious faith. December 2017 there was a case called Masterpiece Cakeshop v. Colorado Civil Rights Commission, where a wedding cake baker refused to make a cake for a same-sex couple on the grounds that it was against his religion. This is just one example of religious freedom clashing with gay rights when same-sex marriage became a legal right under the law. Now that there is marriage equality with same-sex couples’ states have passed laws where there are “religious exemptions” for some services and benefits for LGBTQ individuals. An article titled “Logics of Freedom: Debating Religious Freedom Laws and Gay and Lesbian Rights” by Emily Kazyak explains “These laws allow individuals to make decisions in their work environments that may violate civil rights laws but that uphold their religious conviction that fundamentally opposes nonheterosexual relationships and transgender identities” (Kazyak). This have caused major issues exploding debates about freedom since there is a clash of religious rights versus civil rights for homosexual individuals. In Mississippi, mental health care providers can refuse to give treatment to LGBTQ people and other states can legally refuse homosexual couples to adopt children. This is type of discrimination is legally acceptable even though the fifth, and fourteenth amendment’s guarantee equal protection of the law. In the article called “The Rights of Lesbian, Gay, Bisexual and Transgender People” explains that “Although the Fourteenth Amendment, ratified at the end of the Civil War, was designed to ensure legal equality for African Americans, Congress wrote it as a general guarantee of equality, and the courts have interpreted the Equal Protection Clause to prohibit discrimination on the basis of gender, religion and disability” (ACLU). This means that same-sex relationships will have the same protection against discriminatory acts. This means that a person can be fired from their job, lose their home or children because of their sexual orientation. Although some states do have laws in place that make it illegal to discriminate against gay, lesbian and bisexual individuals and even fewer states have laws to protect people who are transgender. Therefore, the law prohibits any type of discrimination towards any individual as long as they are not a part of the LGBTQ community.
There are mixed emotions with the public on the stance of Religious liberties and how it affects the rights of the LGBTQ individuals. Not many surveys or polls have been conducted to judge the publics opinion as a whole in regards to gay rights and religious exemption laws. National surveys have reflected that the people are more divided against religious freedom laws then they are about same sex marriage. This shows that the public is more concerned about how citizens beliefs and faith ties into certain discriminatory actions. According to the article “Logics of Freedom: Debating Religious Freedom Laws and Gay and Lesbian Rights” it gives the study conducted by the Pew Research Center that “Americans are less likely to oppose a same-sex couple’s right to marry (37 percent) than to support laws that allow businesses to refuse to provide wedding-related services to same-sex couples (48 percent) or that require transgender people to use the public restroom that aligns with the gender they were assigned at birth (46 percent)” (Kazyak). The data collected shows that there are two sides on this issue. The side that supports religious freedom laws have deep theological beliefs that don’t believe in homosexuality and the union between a same sex couple. There is a view that the proper representation of an American individual is a white heterosexual Christian. This shows that a citizen in the United States must fall in a certain category in order to identify with the dominant group. On the other hand, the side that denies religious freedom laws and supports gay rights believe in equal opportunities for every individual. This side tends to show the importance of rights universally and that everyone should be treated equally within the public. It is the same belief that drove African Americans to fight against their discrimination in order to have rights as citizens; now it is the LGBTQ community that is fighting for the same thing years later.
This issue of the freedom of religion and nondiscrimination are both equally important. The government must not burden the religious conscience especially smaller religious groups with be impacted by policies and laws created by the majority group. Although when polices are created to accommodate certain religious beliefs that impose on rights of other individuals and promote discrimination an issue is created. Some of the law makers even argue that there is a proper balance between gay rights and religious freedoms. In the article on HRW.org states that “In fact, with few exceptions, the laws as drafted create blanket exemptions for religious believers to discriminate with no consideration of or even mechanism for consideration of the harms and burdens on others. Because of their narrow focus on the objector, the laws provide little protection for the rights, well-being, or dignity of those who are turned away” (HRW). It seems as though legislative supporters of the laws want to push back LGBTQ rights and further protect themselves to keep discriminating these individuals. State governments are showing LGBTQ individuals that they support the discrimination as a legitimate means for religious freedom. The article even goes as far to state that the laws being passed aren’t religious exemptions, but can actually be considered as a “license to discriminate”. It shows that in order to uphold their religious beliefs and morals that this discrimination is necessary. These laws range from people being allowed to not permit religious ceremonies, to rejecting health care services, and child welfare agencies if the individuals are homosexual or transgender. This is allowing prejudice to control policies and laws in order to appease religious individuals rather than promoting fairness, equality and the principle that people should be not be treated based on who they are. The religious laws that are being passed do not have a proper balance from religious morals and the equal rights of LGBTQ members.
It is easy to see both sides of the issue with religious freedom laws versus the rights of gay individuals and it is equally saddening. The American dream was envisioned so everyone despite their circumstance would be able to become who and what they wanted. This is so much easier said than done though, especially considering the issues we have today. It is impossible to make everyone happy in this society. Having deep religious beliefs can cause individuals to act certain ways toward other people or how they conduct themselves. That is why there has been so much conflict with the LGBTQ community because that lifestyle does not fall in line with their faith. It is morally unacceptable in Gods eyes and should not be allowed in households or communities. I do not agree with this belief and I side with the people who think that everyone should have the same opportunity and protection under the law. Homosexual or transgender people should be free to live their lives despite the Churches negative view on their life choices. In regards to the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission it wasn’t right for the owner to discriminate against the couple because they were homosexual, but in the end, that was his stance on the issue and he stood by it. The couple must have been crushed by the owner’s decision but they could have gone to a different bakery to cater their wedding even though their first choice didn’t work out. It is scary that when people are so discriminatory against certain individuals it creates justification to treat people in a negative manner. Just like the extreme groups of the KKK and Nazis both had huge discriminatory beliefs that led them to do terrible things. One day I hope that the United States will turn into a place where everyone will be accepted and loved for their work ethic and moral standing rather than their sexual orientation or the color of their skin.