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-Supreme Court Arguments on Same-Sex Marriage: Religious Liberty- “It is Going to Be an Issue”

by Dr. D ~ April 29th, 2015


The US Solicitor General Donald Verrili admitted that religious liberty was “going to be an issue” in response to questioning by justices of the Supreme Court. This observation followed the arguments he gave on behalf of the Obama administration favoring same-sex marriage.

The answers given by the Solicitor General are particularly troubling because of the insight they may give to possible future government actions by the Obama administration against religious organizations, schools, and churches who continue to oppose SSM and homosexuality if same-sex marriage becomes the law of the land.

When asked by Chief Justice John G. Roberts Jr.- “Would a religious school that has married housing be required to afford such housing to same-sex couples?” The Solicitor General responded that presently it would depend upon the laws of the various states. Meanwhile, President Obama has already requested federal legislation covering this very issue. Here’s how Albert Mohler (President of the Southern Baptist Theological Seminary) analyzed that exchange:

“Make no mistake. The Solicitor General of the United States just announced that the rights of a religious school to operate on the basis of its own religious faith will survive only as an “accommodation” on a state by state basis, and only until the federal government passes its own legislation, …

Verrilli’s answer puts the nation’s religious institutions, including Christian colleges, schools, and seminaries, on notice. The Chief Justice asked the unavoidable question when he asked specifically about campus housing. If a school cannot define its housing policies on the basis of its religious beliefs, then it is denied the ability to operate on the basis of those beliefs.”

<Read all of Dr. Mohler’s article>

Even more telling was the Solicitor General’s response to Justice Samuel Alito’s question concerning the future tax-exempt status for churches and religious institutions that continue to oppose SSM:

“You know, I — I don’t think I can answer that question without knowing more specifics, but it’s certainly going to be an issue. I — I don’t deny that. I don’t deny that, Justice Alito. It is — it is going to be an issue.”

For those who continue to say that the legalization of same-sex marriage would not affect religious liberty, the Solicitor General admits that “it is going to be an issue.” One of our contributors who is an attorney recently commented on the legal basis of a possible future challenge to the tax exempt status of churches and religious organizations::

The “theory” will be that the government is not encumbering your freedom of religion – you are free to believe whatever you want – but if you have the wrong beliefs, the government will not “subsidize” you by granting tax exempt status.

The fact that a representative of the Obama administration is freely admitting that “It is going to be an issue” is chilling. Since the Solicitor General is part of President Obama’s legal team, is it possible that the administration may already be discussing future IRS action against religious organizations in the last two years of Obama’s term?

In the last six years, the IRS under the Obama administration has already denied tax exempt status to hundreds of conservative and religious non-profit organizations. Given the fact that Obama’s IRS has already promised atheist groups that they are going to monitor and control pastors and churches from crossing the line into politics, is it so far fetched that SSM, homosexuality, transgender issues might be declared as ‘political issues’ that are ‘off-limits’ for non-profits?

So if SSM is declared as the law of the land by the Supreme Court this summer, will  future religious liberties be compromised? -“It is going to be an issue”!            *Top

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1 Response to -Supreme Court Arguments on Same-Sex Marriage: Religious Liberty- “It is Going to Be an Issue”

  1. -Supreme Court Rules in Favor of Same-Sex Marriage: Implications for Religious Liberty | ANSWERS For The Faith

    […] student loans, student housing might be forced to recognize same-sex couples. These were all issues admitted as possible problems by Obama’s Solicitor General. In addition, since same-sex marriages are now legal all across the country and must be recognized […]

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