I was pleased to 1200 of my clergy colleagues from all 50
states and two dozen faith traditions in signing an “amicus curiae” in support
of the rights of gays, lesbians, transgender and bisexual citizens to be
treated with dignity.
Amicus curiae is a Latin term meaning “friend of the court.”
As friends of the court, we want the U.S. Supreme Court to know that it is unconstitutional
to use religious beliefs as a justification to discriminate against others.
The case before the highest court in the land is captioned
“Masterpiece Cakeshop versus Colorado Civil Rights Commission. It’s the hill on
which religious conservatives have decided to make their last stand in an
effort to legitimize their need to marginalize the LGBTQ community.
This started when the Supreme Court ruled that gays and
lesbians were Constitutionally entitled to marry. Two men planning their
wedding went to a business that held itself out to the public as a place that
made wedding cakes. They wanted one of Masterpiece Cakeshop’s masterpieces.
But like Seinfeld’s “soup Nazi,” the cake shop owners told
these men, “No cake for you.”
Conservatives said these men should just shut up and quietly
buy their wedding cake elsewhere. These are the same sorts of folks who believe
that instead of starting a bus boycott, Rosa Parks should have simply asked
politely, “Is that seat taken?” When told she could not sit there, they believe
she should have quietly found an alternative way to get to work. Why stir up a
fuss?
The Colorado men did not go away quietly without stirring up
a fuss. They filed a complaint with the Colorado Civil Rights Commission. The
Commission ruled against the cake makers on the basis of long standing legal
protections against the ability of businesses to discriminate.
Those protections were at the center of the battle over the
Civil Rights Act of 1964. Business owners howled long and hard as Congress
passed that legislation. They believed they had the right to deny service to
anyone. Congress thought it had put an end to that ruse. But the heirs of those
who lost that battle are back.
They argue it is their understanding of God that gives them
the right to discriminate.
That is why we clergy became amicus curiae. We don’t believe
the cake shop and its supporters should be allowed to speak for us. Religious
thought in America is vastly diverse. As faith communities go, we are now in
the majority. Faith communities claiming their beliefs provide the basis for
denying the human dignity based on their sexual orientation or identity are
declining in numbers.
A recent poll of people identifying themselves as Christians
found a significant majority support gay marriage. Masterpiece Cakeshop bakers
are asking the court to impose the views of a religious minority on all of us.
The Public Religion Research Institute poll also found more
than 6 in 100 Christians opposed allowing businesses to refuse to serve gays or
lesbians based on religious beliefs
My clergy colleagues and I want the Justices to know, as our
amicus brief says, “Within the diverse panorama of American religious thought,
a large and growing portion of the religious community welcomes, accepts, and
celebrates LGBT individuals and rejects the idea that they should be subject to
discrimination in public accommodations based on differing religious views that
reject their dignity and equality.”
The Court must not be left with the misimpression that most
people of faith share the views of those who seek to employ their beliefs as a
sword to smite those they don’t understand.
Jesus said there were two great commandments, and all
religious rules depended on them. The framers of the Constitution said the
nation could not establish the views of any one faith as predominate, adding
that everyone is entitled to equal protection under the law. Both the Gospel
and the Constitution apply to this case, but it should be decided on the basis
of the latter, not the former.
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