Richard John Santorum

“ If we do not act, then not only are we leaving this important issue in the hands of unelected judges, we are leaving the fate of all of these faith- based organizations in their hands as well. I urge my colleagues to support this amendment. Let’s move forward in the democratic process and let the people decide. ”

“ And to get the State license, the entity must agree to obey State laws barring discrimination—including in Massachusetts the prohibition on discrimination based on sexual orientation. When the Massachusetts Supreme Court legalized same-sex marriage, discrimination against same-sex couples was also prohibited. These requirements juxtaposed with Catholic doctrine put the Catholic Church-affiliated Catholic Charities into a bind—one that legislatures, including this one, have often solved by allowing faith-based and religious organizations to maintain their integrity. ”

“ In times past, it would have been unthinkable for a Christian or Jewish organization that was opposed to same- sex marriage to be treated as racists or bigots. But today the unthinkable may have become the inevitable. As Anthony Picarello summarizes, ‘‘All the scholars we got together see a problem; they all see a conflict coming. They differ on how it should be resolved and who should win, but they all see a conflict coming.’’ Why? Because of cases like that of Catholic Charities in Boston. ”

“ For Chai Feldblum, a Georgetown law professor who refers to herself as a leader in the movement to advance LGBT—lesbian, gay, bisexual, transsexual—rights, the emerging conflicts between free exercise of religion and sexual liberty are real. ”

“ A religious educational institution could have its admissions policies, employment practices, housing rules, and regulation of clubs challenged. For example, Marc Stern is concerned about a California case where a private Christian high school expelled two girls who according to the school announced they were in a lesbian relationship. Will the schools be forced to tolerate both conduct and proclamations by students they believe to be acting in a sinful manner? ”

“ Public accommodation laws can be used to force commercial enterprises to serve all comers, which begs the question of whether religious camps, retreats, or homeless shelters are considered places of public accommodation. ”

“ Boston Catholic Charities shows that.’’ He went on to say that ‘‘in Massachusetts I’d be very worried.’’ Stern noted that while the churches themselves might have a first amendment defense if a State government or State courts tried to withdraw their exemption, ‘‘the parachurch institutions [affiliated organizations such as Catholic Charities and United Jewish Communities] are very much at risk and may be put out of business because of the licensing issues, or for these other reasons—it’s very unclear. None of us nonprofits can function without [state] tax exemption. ”