With the legalization of gay marriage in California, and the thousands of weddings, parties, and ceremonies yet to come, there exists a new dilemma in the area of religious rights versus civil rights.  Can religious beliefs be invoked as a cause of discrimination?  Throughout the U.S. there have been several cases in which the answer, according to the courts, is “No.”  

As an article on NPR calls it, it is an emerging “culture clash” of the growing generation of younger, more tolerant (or indifferent) liberals, and the traditional conservative population.  In the LA Times op-ed piece, “Will gay rights trample religious freedom?” Marc D. Stern, he lists recent court decisions that have sided with civil rights, over the increasingly marginalized religion-based discrimination the state has encountered:

“*A San Diego County fertility doctor was sued for refusing to perform artificial insemination for one partner of a lesbian couple for religious reasons. The doctor referred the patient to a colleague, promised there would be no extra cost and offered to care for her during her subsequent pregnancy. The case is now before the California Supreme Court, and justices seemed hostile to the doctor’s defense during oral arguments last month.
* Catholic Charities in Boston and San Francisco ended adoption services altogether rather than be compelled by anti-discrimination laws to place children with same-sex couples. In the Boston case, Catholic Charities was prepared to refer same-sex couples seeking to adopt to other providers, but that was not sufficient.* A Lutheran school in Riverside County was sued in 2005 under California’s Unruh Act (which forbids discrimination by businesses) for expelling two students who allegedly were having a lesbian relationship, in contravention of the religious views of the school. The case was thrown out in Superior Court in January, but the students have appealed. 
* Public school officials in Poway, Calif., so far have successfully barred students from wearing T-shirts that register their opposition to homosexuality on campus. One lawsuit made its way to the U.S. Supreme Court before being dismissed (as moot, because the students had graduated), but another federal lawsuit is pending.”

While these issues aren’t directly related to gay marriage, it seems that the courts in California have begun to side more with LGBTQ rights.  Because of its newly legal status, gay marriage may, however, bring these issues to the forefront of politics.  Is there a right to discriminate against gays, in religious context? And if so, for what?  

In the story on NPR.com, “Gay Rights, Religious Liberties: A Three-Act Story,” the author mentions the story of Vanessa Willock, and her wife, who for their wedding wanted a professional photographer:

“Willock, in the midst of planning her wedding to her girlfriend, sent the photography company an e-mail request to shoot the commitment ceremony. Elaine Huguenin, who owns the company with her husband, replied: “We do not photograph same-sex weddings. But thanks for checking out our site! Have a great day!”

This shocked the couple, who had lived much of their adult lives in a very tolerant, accepting environment. They filed a complaint soon after:

“The defendants’ attorney, Jordan Lorence at ADF, says that of course a Christian widget-maker cannot fire an employee because he’s gay. But it’s different when the company or a religious charity is being forced to endorse something they don’t believe, he says.”

In April, the photography company was found guilty of discrimination, and was required to pay $6,000 to Willock.  The case represents a sea-change in the legal understanding of a gay/lesbian individual, more than it does recognize the validity of a gay marriage, but it’s not far-fetched to believe that cases like this will turn people’s eyes to the shift in gay rights in America.  Here’s another interesting quote from the article: 

Georgetown University professor Chai Feldblum says it is a compelling case of what happens in a moment of culture clash. Feldblum, who is an active proponent of gay rights, says the culture and state laws are shifting irrevocably to recognize same-sex unions. And while she knows it’s hard for some to hear, she says companies and religious groups that serve the public need to recognize that their customers will be gay couples.

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