The Catholic Church is complaining again about how unfairly government treats them when all they want to do is discriminate against homosexuals, like their Lord Jesus Christ orders them to. The fight comes up in Illinois, where Catholic Charities, which has a government contract to provide adoption services wants free rein to deny same-sex couples the ability to adopt.
Frankly, I don’t mind that much if the church openly discriminates. I left them long ago, over issues just like this, and I can see an upside to the church continuing to drive decent people from its ranks. And from the purely legal perspective, it’s true that while no one has a constitutional right to obtain government contracts, religions do have a constitutional right not to be disadvantaged when they exercise their religion.
It’s a harder question than the bishops claim whether providing adoption services under a government contract is “the exercise of religion” as envisioned in the first amendment; but the law is fairly clear that government should make reasonable accommodations to religions if at all possible. And I think it’s possible here to accommodate a religion that is so firmly staking out discrimination against homosexuals as a core tenet of its belief system.
But I think it’s also fair to point out that maybe there’s a little the church could give on, too. The law in Illinois that is the thorn in the bishops’ side does not legalize same-sex marriage. It provides for a lesser, but equal-ish civil union for same-sex couples.
I don’t believe I’ve seen the bishops, or the Vatican, take the firm position that in order to “protect” heterosexual marriage, government cannot tolerate any formal recognition of same-sex couples, and that any law providing that recognition is the same as legalizing marriage. The church’s position in Illinois, though, requires something very close to that — a firm theological belief that all same-sex couples should be disabled from adopting children because they cannot possibly provide children an acceptable family structure. The issue is not marriage, it is same-sex couples adopting, specifically, but being acknowledge by the government in general.
From what I’ve seen of the current Catholic church, I think this is pretty much what they do want to say, but until they are courageous enough to admit it, I think they’re being a little disingenuous in treating a law that is distinctly not a same-sex marriage law as if it is identical for God’s purposes.
Even the most adamant Catholics I know don’t think it’s a big deal to accept same-sex couples under some rubric or other, even if they’re not yet ready to accept full marriage equality. They are willing to give a little bit. In this, they differ from their leaders quite dramatically
The church always demands that government make accommodations to its beliefs, but is there nothing here the church can give on as well? Is the church’s notion of fairness only a one-way street?