Stephen Prothero on Indiana’s RFRA

There’s been some discussion on my Facebook wall about this USA Today editorial by American religious historian Stephen Prothero in support of Indiana’s Religious Freedom Restoration Act. I haven’t been able to pin it down yet, but something strikes me as “off” about this particular analogy Prothero makes:

We would not force a Jewish baker to make sacramental bread for a Catholic Mass. Why would we force a fundamentalist baker to make a cake for a gay wedding?

And then there’s definitely a longer conversation to be had about why Prothero is willing to let a fundamentalist baker refuse to bake a cake for a lesbian couple, but would not let a fundamentalist restaurant owner refuse to serve those same lesbians a meal:

There is no excuse for refusing to serve a lesbian couple at a restaurant and to my knowledge no state RFRA has ever been used to justify such discrimination. But if we favor liberty for all Americans (and not just for those who agree with us), we should be wary of using the coercive powers of government to compel our fellow citizens to participate in rites that violate their religious beliefs. We would not force a Jewish baker to make sacramental bread for a Catholic Mass. Why would we force a fundamentalist baker to make a cake for a gay wedding?

I understand the logic of the distinction Prothero wants to draw: The fundamentalist who has to bake the lesbians a wedding cake is being compelled to “participate” in a “rite,” whereas the fundamentalist who’s compelled to serve them dinner is not. But three questions about this distinction:

First, is baking a wedding cake participating in a rite? (I guess this is part, at least, of what feels “off” to me about the analogy to sacramental bread.)

Second, are we sure that serving the lesbians dinner is not participating in a rite? (What if they’re celebrating their wedding anniversary?)

Third, would this distinction hold up in court–ergo, is it even relevant?

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