The issues presented in Harris Funeral Homes are serious. But the question before the Court is simple. It is simple because we have three branches of government with three distinct roles.
The legislative branch asks what the law should be, and makes the law. The executive branch asks what the law is, and enforces the law. The judicial branch asks what the law means, and applies the law. Notwithstanding the apparent confusion in our current political workings, those are the designated roles.
Now is not the time to partner with proponents of SOGIs in hopes of catching a few crumbs of liberty that fall from the table. Freedom of conscience is not a token to be surrendered as the price of citizenship in a free society; it is the mark of citizenship and the fruit of a free society.
Forcing conformity in a diverse society doesn’t unite, it divides. And believing that you must separate yourself from – or punish – those who hold views different than your own only exacerbates the problem. You begin to see those “others” not as friends, neighbors, and colleagues who add something unique to the diverse fabric of our nation, but as faceless impediments to a never-never land where “everyone thinks like me (or they will when they grow up).”
Forbidding a diverse citizenry from expressing diverse beliefs on matters of deep significance is not triumph, but tragedy. Compelling individuals to abandon their individual convictions and march involuntarily to the beat of a government-approved drum is not the American way. I’m glad Colin Kaepernick hasn’t been forced to sacrifice his conscience in return for his citizenship. But don’t you think we should extend the same freedom to everyone?