The politics of religious liberty

The attempts in Indiana and Arkansas to advance the cause of religious liberty and stop the nation's sweeping recognition of same-sex marriage were well-planned maneuvers to influence the 2016 Republican presidential campaign and a pending Supreme Court case.

In this false clash of rights, the correct argument won, but at the risk of discrediting one of our nation's fundamental strengths: respect for religious views. Twisted religious liberties

After stunning objections from corporate America, lawmakers in both states quickly abandoned efforts to twist laws recognized as protection from federal and state intrusion into personal religious beliefs. The laws would have expanded that protection to include a legal defense for businesses and individuals sued for discriminating against gays.

Govs. Mike Pence of Indiana and Asa Hutchinson of Arkansas unconvincingly said they did not intend to discriminate. But their fumbling excuses of poor bill draftsmanship and misperceptions of their states' measures are undermined by the criticism from social conservatives for the states' "cowardly and regrettable retreat" in the campaign to stop "the radical homosexual lobby."

The Supremes got us here

A 1990 Supreme Court majority decision written by Justice Antonin Scalia refused to recognize a First Amendment right of two American Indians in Oregon to ingest peyote as part of their religion. In essence, Scalia told the men to ask the state legislature for permission to use the hallucinogen to exercise their religion.

The backlash was thunderous. Charles Schumer, then a member of the House of Representatives, teamed with Sen. Edward Kennedy to sponsor the Religious Freedom Restoration Act. President Bill Clinton signed it, and 19 states, including New Mexico, passed their own versions.

But as bans on same-sex marriages failed in courts over the past few years, social conservatives tried to dust off the laws to stop the expansion of gay rights into housing and public accommodations. That legal strategy failed last year when New Mexico's top court ruled that a photographer who refused to take pictures at a same-sex wedding could not use such a law to avoid paying a fine for violating the state's anti-discrimination laws. The Supreme Court refused to hear an appeal, prompting demands from anti-same-sex marriage forces that governors and GOP presidential candidates push for new federal and state laws that would provide religious exemptions to businesses and people.

Immediate consequences

The crushing defeat of efforts in Indiana and Arkansas reflects an enormous change in attitudes about same-sex marriage. But it also underscores base politics at play by LGBT groups, which had strategized to defeat the Indiana law and effectively sprung their trap. Besides media-savvy street protests, the activists were ready to call on Apple, Walmart, American Airlines, NASCAR and the NCAA to condemn what was called discrimination and bigotry. Why?

The Supreme Court will hear arguments in four cases later this month that could result in landmark constitutional protections of same-sex marriage. The protests by the gay-rights movement are not likely to be lost on the justices, who take note of the times in cases with broad societal implications.

Trampling of religious beliefs?

Unfortunately, the cynical attempt to use religious liberty to stop the advancement of gay rights resulted in a poisonous criticism with broader consequences. Our society has long recognized the religious rights of those who believe a government action substantially infringes on their sincere beliefs, ones that spring from long-standing creeds, doctrines and moral codes.

Quakers have conscientious objections to serving in the military. Jehovah's Witnesses refuse blood transfusions. Muslim men don't shave beards. Fundamentalist Christians demand home schooling privileges to avoid teachings about evolution.

Faith can never be an excuse for bigotry and discrimination. Yet laws will not change beliefs quickly, if at all. But derision of religious beliefs is bigotry, too.