(CS Monitor) Forbearance and religious liberty

Freedom and duty often go hand in hand, as Indiana legislators quickly learned last week. After the state approved a law reinforcing religious liberty, a national protest claimed the measure could be used by religious owners of small firms to refuse business to gays and lesbians. In fast retreat, top lawmakers said the new act would soon be amended to prevent such discrimination.

This national upheaval, coming after clashes over similar measures in other states, seems to pit civil rights against religious freedom. In recent years, nearly half the states have followed a federal law in setting strong protections for religious practices. The measures insist that courts find a compelling government interest before imposing a burdensome rule on a person in the exercise of his or her faith.

Whether religious-liberty laws end up violating other rights and interests largely remains to be seen. In at least two cases so far, state courts have ruled they cannot trump anti-discrimination regulations. Yet the rhetoric on both sides about potential harm can often be overhyped and overgeneralized. Each case must be judged on its merits with a calm eye for accommodation and context.

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Posted in * Culture-Watch, * International News & Commentary, --Civil Unions & Partnerships, America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Media, Religion & Culture, Sexuality, Theology