Scontro di diritti: libertà religiosa e matrimoni gay
maggio 28, 2009 di channelman
Quali nuovi problemi comportano le nuove richieste di “diritti civili”? Come possono convivere l’affermazione di alcuni nuovi “diritti civili” con il libero esercizio della religione? Il Pew Forum si interroga sul problema e cita, tra gli esempi, un incidente occorso in Europa. Questo che segue è un estratto dall’articolo apparso sul sito di recente:
With New Hampshire considering legislation that would make it the sixth state to legalize same-sex marriage, could religious individuals and institutions that oppose gay marriage be required to recognize or even solemnize these unions? Although churches and other religious organizations, including charities and schools, have typically been exempt from state and local laws prohibiting discrimination based on sexual orientation, it remains unclear how these religious institutions might be affected by new laws that require equal treatment for same-sex marriages. Indeed, such concerns prompted New Hampshire Gov. John Lynch (D) to say he would sign legislation legalizing gay marriage in that state only if lawmakers add provisions giving religious organizations the right not to recognize such marriages. Another possible flash point involves private individuals and businesses that, for religious reasons, do not want to provide wedding-related or other services to same-sex couples.
Some opponents of gay marriage have argued that legalizing the practice could pose a threat to religious liberties. What are their principal concerns?
Opponents of same-sex marriage have argued that state recognition of these marriages could intrude on the freedom of clergy and religious communities to decide what kind of marriages to solemnize. Opponents also have expressed concern that pastors who preach against homosexuality and same-sex marriage in sermons could face criminal prosecution if sexual orientation becomes a legally protected class as part of laws against hate crimes. Indeed, as an example of what could happen here, some same-sex marriage opponents point to the 2004 case of a Christian pastor in Sweden who preached a sermon against homosexuality and was convicted under that country’s hate crimes law. Opponents fear that the risk of prosecution will intimidate clergy from preaching against homosexuality.
Same-sex marriage opponents have identified several other concerns as well, including situations in which religious institutions – from social service providers and hospitals to universities – might be required to choose between compromising their core religious values and ceasing some or all of their operations. In particular, religious organizations that now provide a range of benefits to married couples worry that they will be required to provide the same benefits to married same-sex couples. For instance, opponents point to a 2006 decision by Catholic Charities in Massachusetts to stop placing children for adoption rather than comply with that state’s anti-discrimination laws, which prohibit adoption agencies from excluding same-sex couples from consideration during the selection of adoptive parents.