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by Jenet Erickson and Michael Erickson
Tolerance in a diverse society requires reasonable accommodations and respect for religious beliefs. The federal Equal Employment Opportunity Commission (EEOC) guidelines already require employers to reasonably accommodate an employee’s religious beliefs. “Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.”
Employees may request not to work on their Sabbath day or during religious holidays. They may request accommodations to dress codes to permit their wearing religious garments or to avoid clothing considered immodest. They may also elect not to participate in activities against their religious beliefs, such as abortion, by requesting shift substitutions or job reassignments.
The law should afford business owners similar accommodations. A business owner should be free to decline providing services on their Sabbath; a fashion designer to decline making immodest clothing; a publisher to decline a message offensive to his beliefs; a private venue to decline hosting certain celebrations, such as a bachelor’s party.
This is uncontroversial, of course, unless the accommodation appears instead to be an excuse for discrimination. Consider Barronelle Stutzman, a great-grandmother and florist for 40 years. For almost a decade, Rob Ingersoll was her regular customer. When Ingersoll asked her to make flower arrangements as a gift for his same-sex partner, she gladly accepted. Far from an exception, Barronelle had many customers and employees who were gay, and she never refused to serve or hire anyone on the basis of their sexual orientation. But when Ingersoll and his partner asked Barronelle to do the flower arrangements for their wedding, Barronelle felt that she could not do the arrangements herself. Unable to compromise her beliefs, Barronelle recalls, “I just took his hands and said, ‘I’m sorry. I cannot do your wedding because of my relationship with Jesus Christ.’” Word spread quickly on social media, and before the couple even filed a complaint, the state’s attorney general sued Barronelle’s business and, in an unprecedented move, Barronelle personally. Not only is Barronelle’s business at risk, but her personal assets, even her home.
Washington’s attorney general accuses Barronelle Stutzman of discriminating on the basis of her customer’s sexual orientation. It is of no consequence that Barronelle has a long history of serving gay customers and hiring gay employees. Because only gay couples have same-sex weddings, the attorney general argues that Barronelle is discriminating against gays. But this is too simplistic.
A health worker who declines to assist with an abortion is not discriminating against women, even though only women have abortions. A Palestinian publisher who regularly serves Jewish customers does not discriminate by declining to print pro-Israel messages. A public relations firm that regularly serves Mormon clients does not discriminate by declining to promote the beliefs of The Church of Jesus Christ of Latter-day Saints.
Religious accommodations are not a plot to allow businesses to discriminate. Far from it. Robin Fretwell Wilson, a family law professor at the University of Illinois, supports same-sex marriage and nondiscrimination laws. But she also proposes model legislation that accommodates the religious beliefs of individuals and small businesses.
In our pluralistic society, religious freedom is not just one policy among many; it is the foundation of the liberties we enjoy as Americans. It is our first freedom. Without reservation, we agree that no one should lose their job or business because of their sexual orientation. But neither should individuals be forced to promote messages or participate in activities against their religious beliefs.
by Michael & Jenet Erickson
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Adapted from an article printed in the Deseret News, Jan. 28, 2015. http://www.deseretnews.com/article/865620547/Utah-businesses-need-religious-freedom-bill.html?pg=all