These are not imagined or speculative concerns. Flash-points over same-sex unions are already occurring across the United States. In Iowa, the state’s attorney general told county recorders that they must issue licenses to same-sex couples or face criminal misdemeanor charges and even dismissal. New Mexico’s Human Rights Commission fined a husband-wife photography team more than $6,000 because they declined to photograph a same-sex commitment ceremony. In New Jersey, authorities yanked the property tax exemption of a church group that denied requests by two lesbian couples to use the group’s boardwalk pavilion for their commitment ceremonies.
So what should states do to respond to these clashes between same-sex relationships and religious liberty?