David Frum

12.13.12

Here's Where Marriage Equality and Religious Protections Clash

Via the Associated Press, a concrete example of how marriage equality can conflict with religious freedoms:

The New Jersey Division on Civil Rights said its investigation found that the refusal of the Ocean Grove Camp Meeting Association to rent the oceanfront spot to the couple for their same-sex union in March 2007 violated the public accommodation provisions of the state's Law Against Discrimination. While the ruling is decisively in favor of the couple, Harriet Bernstein and Luisa Paster, it does not end the case. An administrative law judge still must decide on a remedy for the parties.

"What this case has always been about from my clients' perspective has been equality," said Larry Lustberg, the lawyer for the couple. He said they will seek an order that requires the pavilion to be "open to all on an equal basis."

Brian Raum, a lawyer for the Alliance Defense Fund, a Scottsdale, Ariz.-based group that represents the Methodist organization, Camp Meeting Association, said his clients would keep pushing back against being forced to allow civil unions on the property. "Our position is the same," he said. "A Christian organization has a constitutional right to use their facilities in a way that is consistent with their beliefs."