Conflicts between religious exercise and gay rights

[Jean Dudley]

On Aug 5, 2008, at Tue, Aug 5,  9:02 AM, Engelken, Sheri wrote:

> Religious beliefs can serve as justifications for many types of  
> conduct that we condemn, e.g., slavery, wife-beating, concubinage,  
> genocide.  Discrimination, be it based on race, ethnicity, gender,  
> sexual preference, or other irrelevant personal status, is to be  
> condemned.  No one forces service providers to run and operate  
> places of public accommodation.  Choosing to do so, when it flies  
> in the face of one's religious beliefs, is self-selected conflict.   
> The individual discriminated again is not in a similar "choice"  
> position.  And telling victims of discrimination that they should  
> look for alternatives -- non-discriminatory service providers -- is  
> not a proper solution.  That's reminiscent of black Americans  
> facing Jim Crow practices being told "we don't serve blacks here"  
> and having to look for and ultimately find alternative services  
> where such practices weren't in use.
>
> Service providers with discriminatory religious beliefs don't face  
> any restriction on their beliefs from public accommodations laws.   
> They're just barred from engaging in unlawful conduct, i.e.,  
> refusing to provide a non-religious service they willingly provide  
> to others not in the class at issue.  This isn't about whether you  
> have to ordain women or allow people in the class to participate in  
> religious activities in ways that impinge on religious beliefs.   
> This is about whether providers of non-religious services (public  
> accommodations) should be permitted to engage in the unlawful  
> conduct of discrimination.
>
> SJE
>
> Sheri J Engelken
> Gonzaga University School of Law
> PO Box 3528; 721 N Cincinnati
> Spokane, WA 99220
> 509 313 5891
> sengelken at lawschool.gonzaga.edu

Devil's advocate:

It could be counter-argued that people seeking public services aren't  
forced to do so, either.  Why shouldn't customers be told to seek  
alternate services?

Non-devil's advocate: I can see a few exceptions;  The woman who is  
prescribed oral contraceptives to treat a medical condition, and the  
only pharmacist in the county refuses to dispense because of his  
religious beliefs.