This is a draft paper on the topic of compromise between traditional religious beliefs and secular needs, specifically same-sex marriage.

1. Running head: COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 1
Communities of Conscience: Finding a Middle-Ground between Religion and LGBT Rights
Michael David Ballantine
Dissertation Preparation
September 15, 2015
Dr. Jay Brand

2. COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 2
Communities of Conscience: Finding a Middle-Ground
between Religion and LGBT Rights
Beginning in the seventeenth century, America became a haven for those persecuted for
their religious beliefs. First came the Puritans, followed by Quakers and Huguenots as well as
others desirous of finding a home where one could worship God without persecution from the
state or the Catholic Church. Whether one believes in God or holds no religious beliefs, one
cannot ignore the role religion played in the founding of our nation. Clearly, the constitution
does not specifically derive from any one religious tradition but it enshrines in the very first
amendment, the right to freedom of religion. The constitution does not qualify this right, it does
not limit this right, and it does not offer guidance on how to balance the right of freedom of
religion with other individual rights either directly stated or implied by the constitution. This
lack of priority definition presents challenges in modern America when the rights of individuals,
expressly lesbians, gays, bisexuals, and transgenders (LGBT) to achieve a measure of equality
before the law. However, the simple fact that “freedom of religion” is the first amendment
suggests that the founding fathers intended it to be a high priority versus an after-thought. With
the Supreme Court of the United States (SCOTUS) ruling that same-sex marriage should be the
law of the land, religious institutions intolerant of LGBT issues face a quandary.
Media Bias
Mainstream media appears to incorporate bias toward either one position supporting
LGBT rights or one diametrically opposed to it. Thomas (2015) at Fox News states,
In the Supreme Court's decision reversing history, tradition and, yes, the biblical
authority it tacitly acknowledges in the friezes on its wall honoring Moses and other law-
givers, five unelected judges have imposed on more than 300 million Americans what

3. COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 3
many still believe to be an "abomination." That may be changing, but the political
process, not the court, should decide (para. 5).
Ignoring the obvious rhetoric of this statement, Thomas presents a valid point that people
practicing traditional religion have become disenfranchised. To complicate this issue, atheists
and political progressives post messages and opinion columns that characterize believers in
traditional religion as backwards and ignorant preferring to ridicule religious beliefs rather than
seek a common ground for discussion. Although media coverage often characterizes Christians
through stereotyping, actual bias according to Media Matters is less certain (Wright, Zozula, &
Wilcox, 2012). However, the blogosphere comprised on blogs and associated comments appears
to offer a more polarized perspective with liberal sites such as Huffington Post offering blog
space to anti-Christians (Deyoung, 2013). The more recent reporting surrounding Davis and her
crusade to block same-sex marriage in Kentucky appears to question the validity of religious
protest and provide ammunition to opponents of traditional religious beliefs. Kaplan and
Higdon’s article (2015) acknowledges that Davis’s four marriages do little to help her make the
case for marriage sanctity.
American Moral Codes
Beginning with the Puritans, Americans imposed strict moral codes upon their fellow
citizenry. Many of these codes reflected traditional beliefs, including some that supported
slavery. Over time, many of these codes were abolished or fell into disuse through lack of
enforcement. It took civil war to end slavery and the 14th amendment to guarantee citizenship
and individual liberty. This lack of enforcement of local codes prohibiting cohabitation or
sodomy reflect changing social attitudes and greater education. However, some communities
continue to maintain moral codes, such as limited sales or no sales of alcohol, limits on the

4. COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 4
number of unrelated people living in one house, and limits on gambling, prostitution, and the sale
of pornography. Until the 1970s, many communities limited Sunday sales for retailers. With
secularization quickly overwhelming local communities, religious leaders attempt to find
common ground to enshrine specific values in families.
The SCOTUS ruling regarding Roe v. Wade set the stage for the current battle over
same-sex marriage. Religious leaders actively pursue strategies to limit or restrict abortion in
their communities with mixed success. One can say that many communities do not offer
abortion services because of both direct and indirect interference in business operations. Despite
their attempts to limit abortion, Ertelet (2015) reports that over 57 million abortions took place in
America since 1973. In any other context, this might be considered genocide. In an emotionally
charged article, Childress (2012) reports that nearly 16 million of these abortions were children
of African Americans suggesting that minority babies are aborted at substantially higher rates
than White American’ babies. Further, many parents find it objectionable to have gay teachers
instruct their children or teachers who instruct children about LGBT subjects (Tran 2015). To
maintain a traditional moral code that finds LGBT issues objectionable, parents will continue to
enroll students in private schools. In a throwback to the 1970s, communities will begin to
experience a new kind of “religious” flight further segregating communities not just by race but
also by religion.
Unintended Consequences
Following civil rights legislation in the 1960s, America bestowed full legal equality on
minorities specifically Black Americans. In some respects, this was a pyrrhic victory because
America remains divided along racial lines and segregation exists between urban centers and
suburbia. This is not to suggest that civil-rights was the wrong thing to do, only that every action

5. COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 5
will have unintended consequences. This fault line between Americans created structural
inequity that is challenging to overcome. If Americans respond in a similar vein to same-sex
marriage one could find an America racially and religiously segregated potentially destroying the
fabric that unites the nation. One cannot turn back the clock and reverse social change; however,
one can acknowledge the special role that America plays in the world, sheltering people seeking
religious freedom.
The current nightmare playing out in the Middle-east is a perfect example of religious
intolerance run amok. Syrian and Iraqi refugees fleeing this violence represent a new religious
refugee seeking a new home to live, prosper, and worship freely. If America presents itself as
intolerant of traditional religious beliefs, America cannot provide shelter to these desperate
people. America will no longer fulfill its role as a refuge against intolerance. The victory same-
sex marriage advocates celebrate may become an unsurmountable burden for these poor and
desperate people seeking our shores.
Community of Conscience
Without altering the constitution, it is difficult to imagine American courts limiting
individual rights. However, there is precedence for limiting individual rights on a local or
limited basis. For example, many communities limit free speech to specific areas to avoid
trampling other’s rights to live peacefully (Davis, n.d.). One could place limits on behavior such
as public displays of affection just as a community limits prostitution or pornography. One may
imagine that a religious group might incorporate into a community and limit membership to
accepted members of the religious community. By joining an incorporated community, one
foregoes certain rights and accepts certain responsibilities toward that community (Blakely &
Snyder, 1997). This is little different from gated communities that restrict children or set age

6. COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 6
limits. To codify its moral code, the community should hold a referendum with a supermajority
required to impose it.
Creating these communities would impose segregation on many citizens; however, one
may presume that only a fraction of people would actually chose to live in these enclaves
reminiscent of Quaker and Shaker communities or communes. The history of these communities
suggests that they would exist for no more than a generation or two. Eventually, society would
achieve social acceptance and balance with the next generation choosing accommodation versus
confrontation. If the nation does nothing, we could face another 50-years of further segregation
exacerbating the current division in America.
Conclusion
Same-sex marriage supporters fought long and hard for equality and no one should seek
to deny them their victory or their equality. However, this equality cannot be at the expense of
28% of American society (Hout, 2015) that supports traditional Christian religious beliefs. Some
Christian denominations support same-sex marriage and in time most will support it. In the
short-term, allowing “communities of conscience” to develop without protest would offer same-
sex marriage opponents an opportunity to maintain their beliefs without imposing what they term
reprehensible behavior on themselves. Noted Atheist, Smith (2003) writes, “it is my firm
conviction that man has nothing to gain, emotionally or otherwise, by adhering to a falsehood,
regardless of how comfortable or sacred that falsehood may appear” (p. 4). And yet, people
believe their own falsehoods every day, not just religious ones. America remains a bastion of
freedom because of its willingness to offer religious tolerance and freedom. America needs to
remain that beacon for all the world’s poor and hungry.

7. COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 7
References
Blakely, E. J. & Snyder, M. G. (1997). Divided we fall: Gated and walled communities in the
United States. Retrieved from http://www.asu.edu/courses/aph294/total-
readings/blakely%20--%20dividedwefall.pdf
Childress Jr., C. (2012). Black genocide. Retrieved from
http://www.blackgenocide.org/black.html
Davis, T. J. (n.d.). Assessing constitutional challenges to university free speech zones under
public forum doctrine. Retrieved from
http://ilj.law.indiana.edu/articles/79/79_1_Davis.pdf
Deyong, K. (2013). More christophobia in the huffington post. Retrieved from
http://thechristians.com/?q=node/448
Ertelt, S. (2015). 57,762,169 abortions in America since Roe vs. Wade in 1973. Retrieved from
http://www.lifenews.com/2015/01/21/57762169-abortions-in-america-since-roe-vs-wade-
in-1973/
Hout, M. (2015). Fewer Americans affiliate with organized religions, belief and practice
unchanged: Key findings from the 2014 general social survey. Retrieved from
http://www.norc.org/PDFs/GSS%20Reports/GSS_Religion_2014.pdf
Kaplan, S. & Higdon, J. (2015). The defiant Kim Davis: The Ky. clerk who refuses to issue gay
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mix/wp/2015/09/02/meet-kim-davis-the-ky-clerk-who-defying-the-supreme-court-
refuses-to-issue-gay-marriage-licenses/

8. COMMUNITIES OF CONSCIENCE: FINDING A MIDDLE-GROUND 8
Smith, G. H. (2003). Atheism: The case against god. Retrieved from
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%20Atheism%20-%20The%20Case%20Against%20God.pdf
Thomas, C. (2015). You've been warned, America, gay marriage is just the beginning. Retrieved
from http://www.foxnews.com/opinion/2015/06/30/same-sex-marriage-is-only-
beginning.html
Tran, T. (2015). Elementary school teacher to resign after parents complain about gay fable he
read. Retrieved from http://www.opposingviews.com/i/society/california-teacher-draws-
ire-parents-after-reading-gay-fairy-tale-students-resign
Wright, B. R. E., Zozula, C., & Wilcox, W. B. (2012). Bad news about the good news: The
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