Model Secular Policy Guide.pdf

DISCRIMINATIONDiscrimination takes many forms. The targets of discrimination are as diverse as the motivationsbehind it. A secular approach to discrimination reflects the duality of the religious clauses of the FirstAmendment. Discrimination is improper when it targets an individual for his or her religion or belief,or lack thereof, similar to the Free Exercise clause. It is also improper to exempt religiously motivatedactions from an otherwise valid anti-discrimination statute by using government protection to endorseparticular a religious belief.History shows at times only force of law can outweigh popular prejudices. American society hasmade vast improvements in the past 50 years concerning discrimination. More and more Americansare choosing not to hide identities that may target them for abuse and ridicule. As we conquer newgrounds of acceptance, different conflicts emerge when rights conflict. Namely, that operating inthe public square requires compliance with all public laws and religion is only a valid justification fordiscrimination in the most limited of contexts.Same-Sex MarriageThe distinction between civil and religious marriage contracts solve many of the problems raised byopponents of same-sex marriage concerned for their religious freedom rights. To receive federal andstate benefits assigned to married couples, a civil marriage must be obtained. It is a contract enteredinto by two parties which is legally recognized by the government. The government employees whoissue and certify these licenses are representatives of the state and must comply with all public laws,including anti-discrimination laws.Marriage also carries religious significance for many Americans, and they enter into a religiousmarriage as well, regulated and officiated by their own faith leaders and not legally recognizable by thegovernment. The requirements to obtain a religious marriage are set by each religious community.The distinction between civil and religious marriage resolves the debate on same-sex marriage becausethe government cannot endorse a particular religious belief, such as marriage should be betweena man and a woman; and the government cannot force a house of worship to grant or perform areligious marriage, as a violation of their Free Exercise rights.POLICY RECOMMENDATIONSame-sex couples are entitled to the same rights to civil marriage as opposite sex couples. Lawsprohibiting this are religiously motivated discrimination which is improper and should be overturned.29