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Tensions within Freedom of Conscience: Sex, Religion, and Freedom of Association

As more states either allow same-sex marriages or recognize those contracted elsewhere, as in New York State, a possible clash between those who want their civil rights to marry respected and those who believe their religious convictions take precedence over their obligation to serve the public as florists, caterers, innkeepers, and such may increase. In this paper, I first set up a theoretical framework for considering the conflict between civil rights and conscientious objection. Then I go on to consider specific hypothetical examples of such clashes, discussing ways in which they might be resolved. Finally, I briefly consider the question of whether we should intend to change people’s religious beliefs in such situation.