An initiative of the United States Conference of Catholic Bishops

Religious Liberty FAQ


Religious Liberty & Marriage: FAQs

1. What is religious freedom?
2. How are marriage and religious freedom connected?
3. How could changing the legal definition of marriage affect religious freedom?
4. What is the threat to religious freedom posed by marriage redefinition?
5. What is the threat to religious freedom posed by “sexual orientation” and “gender identity” (SOGI) non-discrimination legislation?

1. What is religious freedom?

Religious freedom is the freedom to live in accordance with your faith. “Nobody may be forced to act against his convictions, nor is anyone to be restrained from acting in accordance with his conscience in religious matters in private or in public, alone or in association with others, within due limits” (CCC, no. 2106). Religious freedom is so important that St. John Paul II called it the “source and synthesis” of rights considered basic to every human person (Centesimus Annus, no. 47).

back to top

2. How are marriage and religious freedom connected?

Marriage and religious liberty are both for the good of society (the common good). The protection of both follows from the duty to protect the inviolable dignity of the human person. The legal protection of marriage as the union of one man and one woman also protected the religious freedom of those who adhere to that vision of marriage. Today, it is increasingly unclear whether or to what extent a person is “permitted” to believe, and act upon the belief, that marriage is only the union of one man and one woman.

back to top

3. How does changing the legal definition of marriage affect religious freedom?

Changing the legal term “marriage” was not one change in the law, but rather thousands of changes at once. The term “marriage” is found in family law, employment law, trusts and estates, healthcare law, tax law, property law, and many others. These laws affect and regulate religious institutions—such as churches, religiously-affiliated schools, hospitals, and families—by requiring them to treat the marital relationship differently and more favorably than other relationships because of its relation to childrearing. Until recently, that requirement has not conflicted with the moral convictions of the Church (and has actually reinforced them). Now that Church and State disagree on what the term “marriage” means (because of the U.S. Supreme Court’s ruling in Obergefell v. Hodges), conflicts between the law and religious institutions and families are occurring in all of these areas of regulation. In general, the problem is that the State would require the Church to extend the uniquely favorable treatment reserved to legal “marriages” on relationships that the Church cannot approve (see CCC 2357). Everyone’s religious freedom is threatened in this situation.

back to top

4. What is the threat to religious freedom posed by marriage redefinition?

The legal redefinition of marriage can threaten the religious freedom of religious institutions and individuals in numerous ways, including:

  1. Compelled Association: the government could force religious institutions to retain as leaders, employees, or members those who obtain legalized same-sex “marriage”; or obligate wedding-related businesses to provide services for same-sex “couples.”
  2. Compelled Provision of Special Benefits: the government could force religious institutions to extend any employment or other benefit they afford to marriage to same-sex “marriage” as well.
  3. Punishment for Speech: preaching, political action, or conversation reflecting moral opposition to same-sex “marriage” could be seen as actionable “harassment” or “discrimination,” or forbidden “hate speech.”
  4. Exclusion from Accreditation and Licensure: those who adhere to the definition of marriage could be excluded from participation in highly regulated professions and quasi-governmental functions, as licenses are revoked and religious institutions lose accredited status.
  5. Exclusion from Government Funding, Religious Accommodations, and Other Benefits: those who adhere to the definition of marriage may be excluded from receiving government grants and contracts to provide secular social services, and from various tax exemptions.

Current Threats to Religious Freedom in the context of marriage and human sexuality.

back to top

5. What is the threat to religious freedom posed by “sexual orientation” and “gender identity” (SOGI) non-discrimination legislation?

SOGI laws, using ambiguous definitions for both sexual orientation and gender identity, potentially impact all religious institutions that seek to uphold the Church’s understanding of sexual difference. For example, “sexual orientation” laws could force a Catholic school to retain a math teacher for obtaining a same-sex “marriage” because they do the same for those who obtain opposite-sex marriages. “Gender identity” laws may seek to force a women’s shelter run by a Catholic agency to allow a male to stay there because he “identifies” as female. The Church certainly stands against unjust discrimination, but SOGI legislation tends to go much further than this, introducing terms into law that are not clearly defined, and banning reasonable rules that acknowledge male and female differences.

back to top