In the first few marriage equality laws there was lots of wrangling to get a religious exemption clause -- churches would not have to perform gay weddings if it conflicted with their beliefs -- even though the Bill of Rights already assured those protections. In the next couple of bills the gay side short-circuited that discussion by bringing a bill that already had that clause in it.
Ari Ezra Waldman of the blog Towleroad said it is a bad precedent and we should stop. The reason is that now Fundies want the same religious exemption in other kinds of laws, such as those banning discrimination in public accommodation. Religious exemptions would essentially gut such bills. In addition, it gives the impression that religions freedom is stronger than equality. That's something we do not want to happen.
What to do? Waldman notes that when we get equality through the courts, we don't have to barter. But court cases aren't always available or the best way. Instead we should not base our demands for equality on rights. The Fundies will always respond with a demand for their religious rights. We should base our demands on "human dignity, personhood, love and commitment." That's what the successful marriage equality campaigns did a year ago.
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