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View Diary: MD County Clerk reassigns deputies so they won't have to marry gay couples (258 comments)

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  •  It doesn't matter what leeway YOU (3+ / 0-)

    are willing to grant them.  "Religious beliefs" that qualify under the Civil Rights laws -- bigoted or not -- are protected under the Civil Rights laws.  The Civil Rights laws -- and the First Amendment -- do not make any distinction between a religious belief that the vast majority of this country would think is desirable and a religious belief that the vast majority of this country thinks is despicable.  Both are protected under the First Amendment and the Civil Rights laws.  

    And the reason I talked about the ADA is because the Civil Rights laws requires that "sincerely held" "religious beliefs" be treated in the workplace in the same way that a disability is treated.  The Civil Rights lawsrequires that religious beliefs be given "reasonable accommodation" in the workplace.   The ADA requires that disabled persons be given "reasonable accommodation" in the workplace.

    And this accommodation exacts no price from anybody -- least of all those couples seeking to be married.  The religious employees don't get to perform ANY marriages.  The couples get the service they want from an employee who has no hesitation about providing it.  

    •  Civil rights law has a flip side and your argument (3+ / 0-)
      Recommended by:
      Smoh, skrekk, madhaus

      fails to recognize that side. All your discussion fails to recognize this is a state function, that allowing certain persons to opt out of a basic function of that office on religious grounds may be seen as state recognition of that religious belief as it is directed at citizens being served by that office. By making this accommodation the state office of clerk of court is endorsing particular discrimination of a religious belief toward other citizens. That is a constitutional problem that may be settled in litigation.

      No where does EEOC guidance require an employer to accommodate prejudicial behavior, religious or not, that is directed toward those being served. To paraphrase, as a citizen facing such an employee in a state office or a public accomodation:

      The right to belief ends where the other man's right to be served begins."
      If this were a private business then such accommodation would just be "nice" on the part of the employer. In a state office or function licensed by the state it becomes very problematic.

      The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. [Elbert Hubbard]

      by pelagicray on Fri Dec 28, 2012 at 07:08:12 AM PST

      [ Parent ]

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