Gay rights coincide with freedom of religion, coming from the First Amendment, which also gives citizens the right of freedom of expression as well. People around the world are facing inequality and persecution because of their sexual orientation and gender identity. This all leads to discrimination amongst citizens of the U.S. In the United States, the rights of gays only exist in a few states, which permit them with the same equal opportunities as a heterosexual couple. The real area of potential conflict between religious freedom and gay rights arises in the circumstances of sexual orientation nondiscrimination laws. In this paper, it will illustrate how the First Amendment plays a role in gay rights in the United States, how same-sex marriage is protected under the Fourteenth Amendment and how the Bill, sb 1062, is able to refuse service because of sexual orientation in Arizona.
The First Amendment gives the right of freedom of religion, speech, and freedom of expression without government interference. In regards to freedom of religion, in the First Amendment, it contains two clauses. These two clauses are the Establishment Clause and the Free Exercise Clause. The establishment Clause forbids the government from being able to pass laws establishing that one religion is over another. The Free Exercise Clause does not allow the government to interfere with a person’s practice of their religion, but their rituals are, however, limited by the federal laws. It is there so that government will neither control nor prohibit the free exercise of anyone’s religion. These clauses were deliberately made to serve values that are common, and sometimes, these two clauses even clash. For example, people may advocate that same sex marriage in their state or town may violate the Establishment Clause, while other people may advocate that by not being able to have same sex marriage may violate their Free Exercise Clause.
With the government involved, it makes it hard for them to identify what is under threat, in a personal way, for homosexual’s equality of marriage, so the decision is usually made in a society as a whole (Smith, 2014). The main arguments that are being made between these two things are that it threatens the religious freedom of the ministry; The Lord disagrees with that life, and it diminishes traditional marriages. Many states allow religious organizations and groups to refuse any sort of acclimations, facilities, or privileges to a same-sex marriage, and provide exemptions from any civil action relating to such a refusal (Smith, 2014). Most supporters of same-sex marriage would agree that this would be a significant infraction of First Amendment religious freedom as well as bad public policy, all in which is to be a threat in theory and not in practice (Smith, 2014).
In 1996, The Defense of Marriage Act, DOMA, was passed by Congress, and defined marriage for the first time under federal law as a unification between a man and a woman. DOMA...