Corvino: The slippery slope of religious exemptions
This morning, I didn’t feel like getting out of bed. I wasn’t sick; just tired. But I had a full workday scheduled.
Suddenly, an angel of the Lord appeared unto me and said, “Behold, today is a sacred day, and you must not work.” Sweet!Okay, maybe I was dreaming. But as the 17th-century philosopher Thomas Hobbes pointed out, there’s no useful distinction between “I dreamed that God appeared to me” and “God appeared to me in a dream”—and if the latter is good enough for Biblical prophets, it’s good enough for me.
Before you render judgment, note that the angel added that my readers—this means you!—should take the day off too. Indeed, he presented me with platinum tablets (gold is so old-school) commanding that the day on which this column appears is sacred and must be honored with a Sabbath.
I’ve since lost the tablets, but trust me: that’s what they said.
Now, suppose you believe all of this, and suppose you phone your employer and tell him that you’re not coming in. He might try to fire you. But (assuming that other employees get accommodations for religious holidays) that’s religious discrimination! Tell him so.
He might counter that Corvinianism, as my followers like to call it, is not a valid religion. But why not? Because it’s new? All religions were new at one point. Mormonism is less than two centuries old. I have knickknacks that are older than that.
Moreover, if religious accommodation should vary according to the age of the religion, then many forms of paganism should get more deference than Christianity. Forget Christmas break. I want the Feast of the Unconquered Sun. (Oh wait—they’re the same. Bad example.)
I’m joking here to make a serious point: religious accommodation is a slippery part of the law. And those who cite it in the gay-rights debate need to start acknowledging that.
Let me be clear: I believe that a free society should make broad accommodation for religious practice. And religious practice is largely based on “faith,” which includes revelation—in other words, doctrines that cannot be defended by reason alone. Here in the United States, we allow people to preach and worship as they see fit (or not at all), and we are better for it.
But the gay-rights debate concerning religious accommodation is not about worship. No serious participant argues that the government should force religions to perform gay weddings (or ordinations or baptisms or other religious functions) against their will. That would violate the First Amendment, and beyond that, it would be foolish and wrong.
Rather, the debate is about the not-strictly-religious things that religious organizations often do: renting out banquet space, for example, or hiring employees for secular tasks. It’s also about religious individuals who for reasons of conscience wish to discriminate in secular settings.
To use a concrete example: should a Massachusetts Catholic court clerk who objects to same-sex marriage be allowed not to process a marriage license for a gay couple (perhaps passing the couple along to another clerk who will do the job)?
There are at least two slippery-slopes to worry about when answering this question. First, if we make accommodations for, say, Catholicism, must we make accommodations for any religion? Some religions are pretty screwy (although I think Corvinianism is pretty cool).
And what about atheists? Why should conscience exemptions only apply to the religious?
Second, if we make accommodation for objections to same-sex marriage, why not other religious and moral convictions? Suppose the clerk’s religion prohibits divorce and re-marriage, or interfaith marriage, or marriages not performed by the One True Church. Should she be allowed to decline to issue licenses in those cases as well?
I am not suggesting that these accommodations would all be equally valid. The point is, rather, that deciding which are and which aren’t is thorny legal and moral territory.
Meanwhile, it’s worth noting religious inconsistency on these questions. One never hears about clerks refusing to grant marriage licenses to divorcees, despite the Bible’s clear condemnation of divorce—the same Bible frequently cited in the gay-rights debate.
Which makes it difficult to shake the suspicion that, for some of these people—not all, but some—what’s cast as a “principled religious objection” boils down to simple gut feeling.
Kind of like my not wanting to go to work this morning.
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John Corvino, Ph.D. is an author, speaker, and philosophy professor at Wayne State University in Detroit. His column “The Gay Moralist” appears Fridays on 365gay.com.
For more about John Corvino, or to see clips from his “What’s Morally Wrong with Homosexuality?” DVD, visit www.johncorvino.com.






People have always faced situations where some part of their religion loses popularity to the degree where a choice to keep it is a choice to limit one’s connection with general society.
Marriage is an institution owned by government—-not the guy at the counter issueing licenses. Once government has declared a couple qualified for a license, that guy can’t decide for himself that they aren’t. Let him recuse himself, let the couple complain to his bosses if they want, about the unecessary inconvenience, and let his bosses write him up for it. He’ll be storing up “treasures in heaven” for bearing his cross. But either way, that cross was built for him by his religion, not by that couple, and it’s his choice to carry it, so let HIM carry it and no one else.
Ric Alba – I think you missed the point. If this clerk wants to selectively perform the job of clerk by choosing to whom he administers, he’s not doing his job. We all have aspects of our job that we don’t like for various reasons. If he can’t uphold the constitution of MA and the laws of the commonwealth, then he shouldn’t be employed there.
Take this to the extreme. What if a paramedic decides they won’t help someone in an auto accident because the victim has a gay pride sticker or a sticker that praises alternative religion on his car. This would clearly not be ok. If you work for the gov’t and took a oath to apply the law equally, then you have no recourse if someone is living within the law…period.
Don’t like the laws you’ve sworn to uphold, find another job. The freedom to practice of your religious tenets ends when it interferes with the applying the law you’ve sworn to uphold.
” Don’t like the laws you’ve sworn to uphold, find another job. The freedom to practice of your religious tenets ends when it interferes with the applying the law you’ve sworn to uphold.”
Precisely.
Can’t do your job without violating your principles? Then find another job. Perhaps in your church.
But keep your private beliefs out of your employment – unless your employment IS fully amenable to those beliefs. But you do NOT determine which laws you will follow and which you will not.
This is a textbook application from the religious right’s playbook. Claim religious persecution of your liberties, to manipulate and extort issues you may not agree with. Many fall for it. Because of our type of civil government that we serve all faiths, that you check your religious beliefs at the door, and thusly the reason of separation of church and state.
A major issue in this is the fact that a majority of Americans are of religious faith, mostly Christian. Some claim that we are a Christian nation due to this, and try and use that to circumvent separation of church and state. They then have the ability to say that since we are a democracy, legislation is decided by the people.
Of course, the United States is not a democracy, but a federal republic. But still, it comes up as a reason.
Something else to consider is the extra resources that might be needed by a business to adhere to a person’s beliefs. If you’re working for a business, you’re on their time. If you have too much of a problem with how things work, then the business will find another person. People can claim all they want that this is a Christian nation, but there’s one thing that we all worship: the almighty dollar.
In the example of the court clerk issuing marriage licenses, it might seem only like an inconvenience to the gay couple if the clerk passes them off to someone else, but the clerk would not be doing their job. Religion is completely irrelevant.
If he doesn’t like it he needs to get a job at the catholic church passing the basket on sunday mornings! A state job is a state job! Do it or get out!
The solution to this is very simple. NO individual employed by the state, city or local community at tax-payer expense should be allowed to use their religious beliefs to peform their job. If they do, then they should be fired, go find a job in the private sector, or better yet, go work for your religious cult where you will be a lot happier, maybe as a cleaner, flower arranger, or janitor.
This guy is always my favorite read. Loved this, wish he would come and have one of his “chats” at my school (Arizona state) as this is one place that could definitely use it.
Article Six of US COnstitution does not allow for religious tests for the public trust. I believe in God. But I also believe that our founding fathers intended to get the religious component out of government. The First Amendment was a reaction to the Sixth article because some thought that the Sixth Article would make religion illegal. But First Amendment rights were supposed to be for private citizens. And Sixth Article was to remove religion from the governmental sphere.
When you take a job as a public servant you are choosing to serve the entire public, not merely the members of your faith community. And you should certainly not be using your position in order to promote the agenda of your faith community. It is the taxpayers, including those whose views and lives you may object to, whose taxes fund your paycheck and employment benefits.
The concept of reasonable accomodation has legitimate applications when it comes to hours of work, time off for religious observance and, to some extent, matters of dress and association with other employees. They do not and should not cover the performance of your job.
Here is a better question. Suppose I get a job at a morgue, but I religion says I cannot look upon the body of a naked female other then my wife. Would I be allowed to clean and prep only male corpses?
Would my employer be required to hire a second person who does not have these believes to perform the part of my job that my religion does not allow me to do?
If this second person did as good of a job as me and was willing to work on all clients. Would my employer be required to keep both of us?
Suppose I decide to change religions and my new religion says it is an abomination to handle the dead unless you are an ordained priest, which I am not yet I just joined. Would my employer be required to keep me on while I attend seminary school?
So if this person’s job is to process marriage license should they be allowed to
Did not finish my thought…
So if this person’s job is to process marriage license should they be allowed to choose to only do 1/2 of it?
My thought is maybe they should get a job where they do not have these moral conflicts. With unemployment over 10% I am sure there are qualified folks willing to do 100% of the work.
“That would be called “Conscientious objection”, which is when religious convictions cause one to oppose wars and immoralities”
If I recall correctly this was a means in which a person could avoid the draft. It meant that the person was not required to enlist in the military. It did not mean the military had to enlist them and have them twiddle there thumbs and get paid for not doing their job.
fine..let him NOT perform his job duties by providing services to those he disagrees with..just make sure that I as a business owner can also refuse service to people because they are black,or straight, or fat, or disabled, or ugly. fair is fair. right?.they always want things both ways for themselves. They want to discriminate while the whole time telling US we have no right to deny THEM service. Hypocrisy at it’s finest.
I hope he remembers that famous saying:
“be careful what you ask for, because someday you may get it.”
This is what happened recently with the clerk who wouldn’t grant the marriage license for the bi-racial couple. He lost his job. Working for “We the People” is not the same as working in the private sector. You have to follow the rules that govern all of us. So if you have a problem of conscience, change jobs. Unless you want atheists discriminating against your Christmas, Easter or other religious holidays.
Your religious freedoms stops where my personal freedom begins.