This is David Davenport of the Hoover Institution for Townhall.com.
It appears that in Indiana and eventually everywhere, we are about to throw out the baby with the bathwater. In the name of expanding and securing gay rights under the 14th Amendment, we are prepared to give up people’s religious rights under the 1st Amendment. This is both unfortunate and unnecessary.
The hard case is the individual baker, photographer, florist or caterer whose religious beliefs hold that marriage is between a man and a woman and cannot in good conscience participate in gay marriage. On the other hand, the law increasingly says same-sex marriage is legally protected.
In a clash of constitutional rights, courts must decide. It seems like there is room to uphold gay marriage while allowing those who perform personal services and whose religious beliefs do not allow for gay marriage to decline to participate.
Gay rights advocates won’t like that, but the harm of finding a different baker seems less than forcing someone to violate religious conscience.
I’m David Davenport.