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Religious liberty emerges as sensitive political issue

By Melissa Maynard

Stateline.org

Published: Saturday, Sept. 22 2012 5:00 a.m. MDT

Protesters stand outside the Sandra Day O'Connor Federal Courthouse Friday, March 23, 2012 in Phoenix. during the Stand Up For Religious Freedom Rally. The rally is part of a nationwide Rally for Religious Freedom which is a reaction against the Obama Administration’s HHS mandate that will obligate Catholic organizations to provide contraceptive services to their employees.

Matt York, Associated Press

Earlier this month, in nearly identical benedictions at the two national political conventions, Cardinal Timothy Dolan of New York talked about the importance of religious liberty. He called it "the first, most cherished freedom bequeathed upon us at our Founding."

Few delegates in Tampa or Charlotte had any reason to challenge this language. The concept of "religious liberty" is enjoying a resurgence among both liberals and conservatives, and is referenced in both party platforms as something to be protected and respected.

What provokes argument is the question of just what religious liberty means. Lurking below the surface agreement is a complex and highly charged conflict about the role of religion in public life.

The conflict intensified last spring as a heated national debate about whether faith-based organizations should be required to cover birth control in their health plans. It is quickly spreading to a wide range of policy questions, many of which will likely be resolved at the state level.

One issue is whether governments and courts are trying to relegate believers of varying creeds to private expressions of faith within the walls of their places of worship. Nathan Diament, executive director of public policy for the Union of Orthodox Jewish Congregations of America, says the correct definition of religious liberty includes "the protection and the valuing of individuals not just to believe what they want to believe but to act and live their lives in conformity and consistent with those beliefs." Critics of this understanding of religious liberty assert that faith should not be an excuse to be exempted from any public policy with which one disagrees.

The Ethics and Public Policy Center, a D.C. think tank, has formed an American Religious Freedom Program that is working to form bipartisan caucuses in all 50 state legislatures. One goal is to allow believers to opt out of providing professional services — such as photographing same-sex weddings or dispensing contraceptives at pharmacies — based on their personal religious convictions. Another is to make sure that any same-sex marriage legislation includes provisions stating that religious institutions are not legally required to allow the use of their property for same-sex weddings.

"Most Americans are familiar with debates about religion being worked out in the courts," says Tim Schultz, the program's state legislative policy director. "Our view is that the courts should not be the only recourse for the protection of religious freedom and that legislatures have a role to play — particularly in the states."

These debates are already in full force in some states. In May, Tennessee Gov. Bill Haslam vetoed a religious liberty bill passed by the legislature that would have allowed student groups at Vanderbilt University to exclude from membership those whose religious beliefs were inconsistent with the group's values. Vanderbilt is a private university, but it receives significant state funding.

In his veto note, Haslam said that it was "counter-intuitive to make campus organizations open their membership and leadership positions to anyone and everyone, even when potential members philosophically disagree with the core values and beliefs of the organization." Still, he said, "as someone who strongly believes in limited government, I think it is inappropriate for government to mandate the policies of a private institution."

Ballot measures dealing with religious freedom protections have emerged in three states this election cycle, with more expected once the Religious Freedom Program's state-based efforts ramp up. North Dakota rejected and Missouri approved ballot measures earlier this year broadening state constitutional religious freedom provisions.

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