Congratulations and thanks to Mayor Jerry Sanders for appointing Tracy Jarman as chief of the San Diego Fire Department.

When she learned of her appointment, Jarman called her “domestic partner,” she told the San Diego Union-Tribune.

We need to use appointments like Jarman’s to remind leaders that simply hiring the best people for a job is not enough. Mayor Sanders appointed Jarman because she’s a role model for firefighters and paramedics. We trust Jarman to lead us during crises. But the mayor still supports the Boy Scouts of America remaining in Balboa Park, even with their open discrimination against gays and lesbians.

It does seem rather odd that the mayor’s choice for fire chief cannot even go to the Scout functions – on city land – and discuss emergency services or careers. That’s a big loss for the Scouts, many of whom go on to work in law enforcement and emergency services. That’s a loss for our city, too.

It is ironic that even though Jarman cannot visit the Scouts, she’s expected to rescue them in an emergency. When paramedics come to the rescue, they never ask for the victim’s religious beliefs or sexual orientation before providing service. That’s how it should be.

But that might change. The California Supreme Court agreed to review a lower court ruling that held, in essence, that medical personnel can withhold services if providing services would conflict with sincerely held religious beliefs. This is the case where doctors at a local fertility clinic refused to provide insemination services to a lesbian. The doctors claimed that they wouldn’t do it because she was not married.

Even assuming bias because of her marital status or sexual orientation, the more crucial issue is whether medical personnel can withhold services because doing so would conflict with religious beliefs. The legal issue for the court is really whether a state civil rights law can compel a person to perform a service that conflicts with his or her religious views. The religious views are protected by the First Amendment (free exercise).

The right wing has been backing these suits. It’s the pharmacist who refuses to fill a prescription for any type of birth control device or medication. They’ve argued the same in the employment context. An employee refuses to take down from his cubicle his “God Hates Fags” sticker.

Federal and state laws usually require employers to, if practical, provide some reasonable accommodation for sincerely held religious beliefs. And sometimes employers simply can’t make the requested change. The right wants employers, then, to excuse the employee from providing that service, even if it means the employee does nothing.

For example, I get a job working as a butcher for Ralphs. On my first day, I tell my boss: “I forgot to tell you, I’m in the vegan religion. I can’t be around meat. I’ll just take my copy of People magazine and sit there while you pay me.”

The clinic claims that it had to accommodate the doctors’ religious objections to performing the services, and did so when it referred the woman to other doctors willing to provide the service in the clinic. It was attempting to accommodate the religious views of the protesting doctors.

Imagine what would happen if all of the doctors in the clinic refused to provide services? Or what if all became Christian Scientists? Sorry, we don’t provide medical services anymore. But we will pray for you. Does your insurance cover that?

How about emergency medical technicians responding to calls? You’re choking and the EMT asks: “I need your race, religion and sexual orientation. And before I can administer any procedure, I must know if you’re a homosexual. My religious beliefs tell me you will burn in hell and I cannot prevent your demise.”

He removes your pants. Oh, it’s not to make you more comfortable, it’s to make sure you’re not Jewish. And if you’re a lesbian, just be sure you’re not sporting a Star of David tattooed down below.

As absurd as this sounds, there are people that argue this is perfectly fine.

Bob Jones University argued this to the U.S. Supreme Court 30 years ago. It claimed the government interfered with its sincerely held religious beliefs to segregate the races. The government told the university accept black students or lose federal aid. The right wing backed Bob Jones. The court rejected the religious exercise argument. BJU had a choice; it didn’t have to take the money.

People make career choices for a reason, and sometimes religious reasons prevail. They don’t become fertility doctors; they become missionaries. They don’t become lawyers – as Pat Robertson did – they find other ways to combine religion with making lots of money (so they can buy private jets to deliver themselves to the poor).