In America there is an interesting ‘discussion’
going on between religious rights advocates on the one hand and gay rights advocates
on the other. The religious conservatives say they are being coerced to support
and/or participate in activities that offend their religious beliefs. On the
other side gay couples are seeking full benefits of equal treatment and dignity
in a society that has long discriminated against them.
As equality and freedom from discrimination
for sexual minorities become ever more realizable across that country,
religious conservatives are getting ever wearier of how they will live with
these rights. In particular they are concerned that the highest court – the Supreme
Court will rule in favour of same-sex marriage in a ruling expected in June. For
that reason they have been pushing for Religious Freedom and Restoration laws
but others view in these laws a “licence to discriminate” so they oppose them.
One thing we cannot afford to ignore is how
the ruling might affect us in Kenya especially in accessing some of the most
foundational rights such as health services. Even though appetite for increased
criminalization and systemic denial of existence may have subsided, sexual
minorities have reason to worry about how such a ruling might affect their
daily lives.
Our view is that it is wrong for followers
of particular faith to compel non-followers to be bound by the tenets of a
faith they do not believe in. But it is also wrong for sexual minorities to
seek a legal framework that ignores religious freedom and accommodation.
If as expected by many the highest court in
that country rules in favour of a nation-wide right to marry for same-sex
couples, one also hopes that they will also provide enough protections for
religious liberties. That way, religious leaders in our country and other African
countries, who form a powerful political force, will not use their influence to
push for added criminalization or even push back against existing little accommodation
of some basic rights for sexual minorities.
Indeed if Americans are able to find a
common ground that accommodates reasonable expectations from both sides, sexual
minorities here, might just find in that ruling a welcome advocacy tool for
their rights as well.
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