Wenger on Ayres on Religious "Discrimination"

Kaimi Wenger, over at the always-interesting "Prawfsblawg," has this post, responding to Ian Ayres's own discussion of the steps he has taken in response to his church's (the Episcopal Church, it appears) stand on same-sex marriage.  In Ayres's post, "Acknowledge, Apologize, Act," he writes:

I'm Episcopalian (and have been teaching Sunday school for the last three years). The Episcopalian Church still discriminates against same sex couples. I can religiously marry the woman I love, but my sister who is gay cannot religiously marry the woman that she loves. . . .

What should I do in response to this discrimination? . . .

This is a point where the moral duty to warn kicks in. My parish was prohibited from marrying same-sex couples, but neither the bishop nor the cannon law prohibit us from warning potential members that the Episcopalian church treats same-sex couples differently than different sex couples. We might even require our current members to sign statements acknowledging that they are choosing to associate with an organization that discriminates on the basis of sexual orientation with regard to marriage.

Isn't there a moral duty to warn people about things that they might find repugnant -- especially if you find it repugnant? Reasonable people can make different choices about whether it is appropriate to work for change inside or outside a discriminatory organization. But if you're working for change inside, you should at least let a potential member know that he or she is making this kind of choice. . . .

It's hard to acknowledge that you associate with a discriminatory organization. Here's a personal exercise that you can complete right now in the privacy of your home or cubicle. Do you attend a church that discriminates on the basis of sexual orientation on whom it will marry? Can you bring yourself to literally sign your names to these words: "I acknowledge that I am choosing to associate with a church that discriminates on the basis of sexual orientation"?

Kaimi Wenger responds:

I can understand Ayres's impulse.  However, I'm uncomfortable with the way that Ayres's analysis seems to treat the relationship with a church like any other relationship with an organization.

I'm not convinced that it makes sense to treat religious organizations the same as other entities, such as employers, retailers, or government agencies.  And I think that it's quite disingenuous for liberal academics to act as if there is no difference between religious and other organizations.  (Ayres' post falls somewhat into this category, and I've seen the point argued more strongly elsewhere).

The fact is that for many Americans, religious organizations are not simply another type of private actor or organization.  Rather, they are a means of interacting with a divine being.  They are a link to God. 

This can lead to some important ways in which discrimination by religious organizations is viewed differently by members of those organizations than discrimination by other entities. . . .

Of course, there may still be good reasons to seek social changes from within religious organizations.  But any such efforts must start from a point that recognizes, rather than avoids, the distinctive nature of religious organizations.

Thoughts?

Rick