Same Sex Marriage Debate Over The Free Speech Clause And Antidiscrimination Law

1826 Words Jun 26th, 2016 8 Pages
Judging from this article from the Wall Street Journal, the major conflict that exists in this same-sex-marriage-legalization debate is between the free-speech clause and antidiscrimination law. Technically, the people who refused to offer their service to the homosexual people based on their religious belief were not legally wrong according to the first amendment. However, did the homosexual couples do anything wrong? No, they didn’t. They ordered the same services, and they were willing to pay the same amount of money. What they wanted was nothing illegal. Then here comes the dilemma, how can neither of them is “wrong” in a conflict? So, this paper will analyze the “rightness” and the “wrongness” in an ethical dilemma between civil rights and the moral dilemma we are facing nowadays. And it will be based on multiple dimensions, such as ethical theories and social responsibility theories.

“Duty-based ethical standards often are derived from revealing truths, such as religious precepts. They can also be derived through philosophical reasoning. (Miller, 2013)”

Duty-based ethics basically based on religious ethical standards, Kantian ethics and the principle of rights. For religious ethical standards, different religions have their own rules for moral action and their adherents follow those rules. Also, the free exercise of religion is guaranteed by the first amendment. In this case, the sellers who objected to doing business with the gay couples because the customers’…

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