Here's a section from an Opinion article in the L.A. Times.
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Source:
http://www.latimes.com/news/opinion/la-oe-stern17-2008jun17,0,5628051.storyIn the same-sex marriage decision, the state Supreme Court suggests that all will be well and good as long as the "official" activities of the clergy aren't affected. But that excludes religion entirely from a broad range of social welfare and other activities, despite the fact that the California Constitution declares: "Free exercise and enjoyment of religion without discrimination or preference are guaranteed."
Evidence from previous and pending cases indicates that the court tends to take an extremely narrow view of people's "free exercise and enjoyment of religion" when they clash with another group's need for equal protection. This would seem particularly true following the In re Marriage Cases ruling, in which the majority equated the ban on same-sex marriage to the now discredited (and unconstitutional) ban on interracial marriages.
Religious liberty claims rarely, if ever, have prevailed in the face of complaints about racial discrimination. Conflicts about the rights of gays and those of religious believers demonstrate that these are not hypothetical fears. Consider the following:
* A San Diego County fertility doctor was sued for refusing to perform artificial insemination for one partner of a lesbian couple for religious reasons. The doctor referred the patient to a colleague, promised there would be no extra cost and offered to care for her during her subsequent pregnancy. The case is now before the California Supreme Court, and justices seemed hostile to the doctor's defense during oral arguments last month.
* Catholic Charities in Boston and San Francisco ended adoption services altogether rather than be compelled by anti-discrimination laws to place children with same-sex couples. In the Boston case, Catholic Charities was prepared to refer same-sex couples seeking to adopt to other providers, but that was not sufficient.
* A Lutheran school in Riverside County was sued in 2005 under California's Unruh Act (which forbids discrimination by businesses) for expelling two students who allegedly were having a lesbian relationship, in contravention of the religious views of the school. The case was thrown out in Superior Court in January, but the students have appealed.
* Public school officials in Poway, Calif., so far have successfully barred students from wearing T-shirts that register their opposition to homosexuality on campus. One lawsuit made its way to the U.S. Supreme Court before being dismissed (as moot, because the students had graduated), but another federal lawsuit is pending.
In each of these cases, and other similar ones, the government has acted in some way to forbid gays and lesbians from being demeaned. But allowing same-sex couples to force religious individuals or organizations to act out of accord with their faith is not cost-free either. Their dignity is no less affected. Unless claims rooted in equal protection under the law are to sweep away claims rooted in freedom of religion, a more sensitive balancing approach is essential.
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