Part IV | Select Quotes from Church Leaders
Category C | Discrimination
Topic 16 | Navigating FoRB and SOGI claims
Although it can be difficult to balance and reconcile religious freedom and belief (FoRB) claims with sexual orientation and gender identity (SOGI) claims, often it is not impossible. Several principles can help in navigating and resolving conflicting rights claims: (1) a universal commitment to the human dignity of everyone involved can help build empathy and respect between parties; (2) the effort to balance and reconcile rights should focus on creating a safe environment for everyone involved; and (3) the conversation should focus on the parties’ interests rather than their positions. Once interests align, parties are more willing and able to come to a pluralistic solution that is fair and balanced.
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President Dallin H. Oaks: We should seek to accommodate worthy constitutional and ethical arguments on both sides of FoRB and SOGI disputes, consistent with the most important interests of all sides.
“Where there is genuine conflict, one constitutional right should not be invoked to try to cancel another constitutional right. Both must be balanced legally and negotiated politically in a way that upholds essential rights to the greatest extent possible. In doing so, people of faith should not assume that those who advocate nondiscrimination have no regard for religious freedom or that nondiscrimination lacks any constitutional basis. Similarly, those who advocate nondiscrimination should not assume that those asserting claims of religious freedom are seeking a ‘license to discriminate.’ There are worthy constitutional and ethical arguments on both sides of such disputes, and, so far as possible, we should seek to accommodate them consistent with the most important interests of all sides. This is not easy when we differ so fundamentally on matters of such immense importance. But the effort is essential if we are to live together in peace in a pluralistic society.
We should also be wary of the idea that one set of rights automatically trumps another in all circumstances. Both religious freedom and nondiscrimination are important values that are powerfully protected by law.”
- Dallin H. Oaks, Going Forward with Religious Freedom and Nondiscrimination, Joseph Smith Lecture, University of Virginia (Dec. 12, 2021), https://www.religiousfreedomlibrary.org/documents/going-forward-with-religious-freedom-nondiscrimination.