It may be folly to actually make a public statement on something as volatile as SB1062, called the “Religious Freedom Bill” by proponents and lambasted as a discriminatory bill against gay people by opponents. I may be getting myself in trouble with friends near and dear to me on both sides of the aisle by saying a word about it, but as Lando Calrissian once famously quipped, “Here goes nothing!”
My first thought is that most people’s opinions of SB1062 come solely from what others have said about it. They haven’t read it, even though the entire legislation is 2 pages long and not hard to read. If you’re one of them, then learn something by reading it. It’s not too much legalese…it’s pretty easy to actually understand. Not that there aren’t nuances of interpretation and application, but it’s not like it’s rocket science here.
Now to my understanding. I personally think it is a tempest in a teacup. The only thing that this bill really does is allow corporations to claim the same exemption for sincere religious beliefs that individuals now have. Most corporations aren’t huge businesses like Walmart; they’re small businesses like a landscaping company that has an LLC or a mom and pop restaurant that has an incorporation document for liability and taxes.
I guess I am pretty libertarian in my leanings. I think that the government should stay out of peoples’ lives as much as possible. I think that there MUST be protection from any discrimination whatsoever in dealings with the government, but those protections don’t (or shouldn’t) apply to private businesses. The first amendment protects people from government intrusion on free speech, but it does not protect a person from being thrown out of a business if they say something the owner or manager finds offensive. There is a huge difference in my opinion between government and private enterprise.
Say, for instance, my wife wanted to have her hair cut. She goes to a barber shop but the barber, a Muslim, won’t cut it because his religion doesn’t allow him to touch women. (this is not hypothetical…it happened in Ontario, Canada) In my opinion, he should have the right to refuse service to anyone he wants to, and if he can’t cut her hair then that’s not a human rights issue. She can go elsewhere; if he chooses that business practice, then he can live with the business consequences.
I feel the same way about no smoking laws. A business should, in my opinion, be free to set their own policy on allowing smoking in their establishment. If one allowed smoking I wouldn’t go there, but they set their clientele with their policy. The same holds true in other areas. For instance, in Arizona people can carry firearms for personal protection. A business can put up a sign prohibiting the carry of firearms on their premises. If they do, a good number of my friends won’t go there. It’s perfectly acceptable for them to have that policy as private business owners, though they set their clients by their policy.
What that highlights is that my opinion is that the protections we have are mostly from our government, not from each other. If a business wants to adopt a policy that they won’t serve white people, that’s their prerogative in my opinion. I won’t go there and I am okay with it. I think that the free market would take care of most such businesses in America, frankly. If a business adopts policies that too many customers find objectionable and they take their business elsewhere, the business changes or folds. That’s economics 101 in a capitalistic society.
Now as to whether it is wise for a business owner to fall back on religious reasons for not serving a customer, I think that it can be but it must be done with care. My wife owns a business helping women have babies as a doula and midwife in training. I own a business teaching self defense part time. Many of my friends own businesses. I also pastor a church, which is an Arizona corporation upon whose board of directors I sit. Should we be able to set our own policies? Absolutely.
- As a pastor there are some weddings that I can’t perform as a matter of my faith and as a pastor of my church. We have policies to that effect. (these revolve mostly around who is eligible in the Scriptures to marry) I have protection to exercise my faith and to do so within my corporation of our church.
- My wife gets to set who she thinks that she should work with as a doula and midwife. If she knows that a couple wants religious rites at her birth and that she is required to participate in them, and they violate her faith, she absolutely should have the right to decline that client.
- If a racist skinhead with a swastika tattoo and hateful attitude registers for my classes, and I am genuinely concerned that he will use the skills I teach him for harming others rather than protecting himself and his loved ones from aggression, I should 100% have the right to decline to train him. This is part of my faith, that I teach defense and not aggression, protection and not harm. I should be able to live that out in my business, whether it is a sole proprietorship or a corporation.
- Our church has a membership covenant and as a corporation should be able to decide who our membership is. If that excludes some people because of their choices, that should be our determination. For instance, our church does not believe that the Bible allows for sexual intimacy outside of marriage. If a couple were living together outside of marriage, we would not welcome them as members of our congregation (though we would welcome them to come worship and be loved). We should be able to set that standard. (and we are under current law)
All that said, are we going to see businesses adopt anti-gay stances or have discriminatory policies? Not much. I am a conservative Christian and have trained people at ASP who are gay, for instance. No problem. I have invited friends who are not Christians to do business with me, to come to worship with us at our church, and my wife has helped women in many walks of life and with many religious affiliations (including none) to have their babies. This is the ebb and flow of life in a pluralistic culture.
But do I want protection from prosecution if I won’t marry a cohabitating couple who aren’t willing to go through premarital mentorship? Yes, yes I do. Do I want to be able to turn someone away from my self-defense classes who I fear will twist my teaching, knowing that I am somewhat responsible for the abilities of my students? Yes, I do. Do I want my wife not to worry about losing her midwifery license because she politely declines a client so as not to participate in a Wiccan birthing ceremony? Yes, I most certainly do.
Do I also want to consider my Christian witness in all of these decisions? Yes I do. I have talked to many couples in the first situation, and in love offer to walk them toward marriage in whatever situation they find themselves. I can’t officiate a wedding because of my convictions that doesn’t meet a certain set of criteria, but I have offered mentorship and marriage building help to those couples. (offered it many times, in fact) I’ve trained people whose philosophy differs from my own, whose worldview is not mine, and who worship a different God. I don’t ask for a doctrinal statement from my students in self defense! My wife has helped many women have babies whose religious beliefs are very different than ours are, and over all these situations we have prayed and decided to be a light in their life and that the actions we took were acceptable to our Lord. Most businesses, in the vast majority of situations, would do the same.
I don’t want the guvmint in those decisions. They are private decisions and should be so.
If you comment, please be kind to others in your comments. Thanks!