The coming conflict between same-sex marriage and religious liberty.
CATHOLIC CHARITIES OF BOSTON made the announcement on March 10: It was getting out of the adoption business. "We have encountered a dilemma we cannot resolve. . . . The issue is adoption to same-sex couples."
It was shocking news. Catholic Charities of Boston, one of the nation's oldest adoption agencies, had long specialized in finding good homes for hard to place kids. "Catholic Charities was always at the top of the list," Paula Wisnewski, director of adoption for the Home for Little Wanderers, told the Boston Globe. "It's a shame because it is certainly going to mean that fewer children from foster care are going to find permanent homes." Marylou Sudders, president of the Massachusetts Society for the Prevention of Cruelty to Children, said simply, "This is a tragedy for kids."
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So who is right? Is the fate of Catholic Charities of Boston an aberration or a sign of things to come?
I PUT THE QUESTION to Anthony Picarello, president and general counsel of the Becket Fund for Religious Liberty. The Becket Fund is widely recognized as one of the best religious liberty law firms and the only one that defends the religious liberty of all faith groups, "from Anglicans to Zoroastrians," as its founder Kevin J.Hasson likes to say (referring to actual clients the Becket Fund has defended).
Just how serious are the coming conflicts over religious liberty stemming from gay marriage?
"The impact will be severe and pervasive," Picarello says flatly. "This is going to affect every aspect of church-state relations." Recent years, he predicts, will be looked back on as a time of relative peace between church and state, one where people had the luxury of litigating cases about things like the Ten Commandments in courthouses. In times of relative peace, says Picarello, people don't even notice that "the church is surrounded on all sides by the state; that church and state butt up against each other. The boundaries are usually peaceful, so it's easy sometimes to forget they are there. But because marriage affects just about every area of the law, gay marriage is going to create a point of conflict at every point around the perimeter."
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