Marriage Mischief: Religious Right Lawyers Give States Bad Advice
Rob Boston printable version print page     Bookmark and Share
Wed Nov 28, 2012 at 11:31:16 AM EST

Travel back in time with me for a moment. It's 1956, and we're in the Deep South. An interracial couple approaches the county clerk to apply for a marriage license. The clerk says, "Oh, no! Don't you know that the Bible mandates separation of the races? I refuse to give you a license because it violates my religious beliefs."

Now let's move ahead in time. It's 2013, and marriage equality is the law of the land in Maryland. A same-sex couple approaches the county clerk to apply for a marriage license. The clerk says, "No way! Don't you know that the Bible condemns same-sex marriage? I refuse to give you a license because it violates my religious beliefs."

What do you think should happen to the clerk in each case? If you say, "The clerk ought to be fired," then we're on the same page.

This issue has come up because three states - Maryland, Maine and Washington - voted to approve marriage equality earlier this month. The Alliance Defending Freedom (ADF), a Religious Right legal group founded by TV and radio preachers, responded to this by sending a memo to officials in each state telling them that clerks do not have to provide licenses to same-sex couples.

Where did the ADF get this? Well, the group's lawyers just made it up. The ADF claims there are laws in each state that protect clerks who don't want to issue licenses to same-sex couples. I looked up the laws cited by the ADF, and that's not what they say. In fact, these laws merely state that county clerks may hire assistants to help them with their workload and that some duties may be delegated to these assistants.

Sure, if a county clerk doesn't want to issue a license to a same-sex couple, he or she could ask an assistant to do it. But what if the assistant won't do it either? Or what if the assistant is out sick that day? Or what if there simply is no assistant? Many small counties may hire just one clerk, after all.

Government employees are expected to serve everyone who comes through the door without bias. The law in Maryland, Maine and Washington now permits same-sex couples to wed. Any government official who does not want to provide the necessary paperwork to make it possible for people to exercise their legal rights needs to find another job now.

We've stated many times in this blog that marriage equality presents no threat to the religious groups that oppose it. No member of the clergy will ever be forced to officiate at a same-sex wedding. The First Amendment protects against that.

Members of the clergy have the right to discriminate and to insist that couples seeking a wedding ceremony meet certain theological requirements. Government officials are a different matter. They have absolutely no right to interject their personal religious beliefs into a state transaction - especially something as passive as issuing a wedding license.

What's next? An Amish guy gets hired by the Department of Motor Vehicles and refuses to renew your driver's license because there are no cars in the Bible?

I don't know what will happen to the memo the ADF is sending to state officials. I'd advise them toss it into the nearest circular file. It's for their own good. Any state that tells its employees that they have a right to deny services to citizens - services those people are legally entitled to - is asking to be sued.

 




Display:

WWW Talk To Action


Why Is the Christian Right Remaining Silent About the Dennis Hastert Affair?
In early June, the Associated Press' Mary Clare Jalonick reported that a Montana woman interviewed by the FBI claimed that "her brother was sexually......
By Bill Berkowitz (1 comment)
Remembering James Dunn: Baptist Champion Of Religious Freedom
When I began working for Americans United in 1987, one thing confused me: Why were there so many Southern Baptists hanging around?Southern Baptists were......
By Rob Boston (0 comments)
Resistance Is Futile: Some County Clerks Say `I Won't' To Marriage Equality
One week ago, the U.S. Supreme Court extended marriage equality nationwide. So where are we now?To no one's surprise, leaders of the Religious Right......
By Rob Boston (2 comments)
Celebrating July 4th
A decade or so ago I was vacationing in Hot Springs,  Arkansas.  It was July 4th and I attended the First Baptist Church in......
By wilkyjr (1 comment)
Nine Mainline Protestant Christian Martyrs
This is a tricky time for the Christian Right. Immediately following the mass murder at the historic Emanuel African Methodist Episcopal (AME) Church in......
By Frederick Clarkson (3 comments)
Terms, Definitions & Glossaries for Writing about the Religious Right
One of the challenges in writing about the Religious Right and what to do about it is the matter of terms and definitions. That's......
By Frederick Clarkson (0 comments)
Top Southern Baptist Official Admits Churches Won't Be Forced To Marry Same-Sex Couples
For years now, Religious Right leaders have been whipping up hysteria by claiming that, should marriage equality become the law of the land, conservative......
By Rob Boston (3 comments)
The Pope, Climate Change and the Catholic Right.
The conservative criticism of Laudato Sii, ("Praised Be"), Pope Francis's encyclical on the environment and poverty that began even before its release, has now......
By Frank Cocozzelli (4 comments)
Simply Put -- LGBTQ rights are not a threat to religious freedom
I'd like to underscore the conclusion of this piece, which is crossposted from LGBTQ Nation.  The advance of civil rights for LGBTQ people is......
By Frederick Clarkson (2 comments)
Pluck Of The Irish: Same-Sex Marriage Vote Shows Yearning For An End To Clerical Domination
A provocative headline from Reuters news service last week caught my eye. "Irish plunge stake through Catholic Church's heart," it read.The headline is perhaps......
By Rob Boston (2 comments)
Religification as a Tool of Massive Resistance to LGBTQ Equality
So much of the contemporary religious liberty campaign being conducted by the Christian Right is demagogic fear-mongering designed to justify discrimination against other Americans,......
By Frederick Clarkson (2 comments)
Happy Birth (Control) Day!: A Golden Anniversary That Shouldn't Be Overlooked
American women today enjoy a right that for thousands of years of human civilization was virtually unheard of: The power to decide if they......
By Rob Boston (1 comment)
GOP Gov. Pat McCrory Did The Right Thing
Republican Governor Pat McCrory did the right thing -- and in so doing showed the way for conservative Christian Republicans in the age of......
By Frederick Clarkson (1 comment)
Dinosaurs in South America and Other Legends
In the early seventies I made a visit to church members.  I was with Dr. Bill Hendrix, one of the most distinguished theologians in......
By wilkyjr (5 comments)
The Christian Right's Claims of Persecution by the Secular State Ring Very Hollow
Religious exemptions to various laws and regulations have been much in the news in recent years, particularly in relation to the advance of LGBTQ......
By Frederick Clarkson (2 comments)

Central Florida Sheriff Preached Sermon in Uniform
If anyone has been following the craziness in Polk County Florida, they know that some really strange and troubling things have happened here.  We've had multiple separation of church and state lawsuits going at......
ArchaeoBob (1 comment)
Demon Mammon?
An anthropologist from outer space might be forgiven for concluding that the god of this world is Mammon. (Or, rather, The Market, as depicted by John McMurtry in his book The Cancer Stage of......
daerie (0 comments)
Anti-Sharia Fever in Texas: This is How It Starts
The mayor of a mid-size Texan city has emerged in recent months as the newest face of Islamophobia. Aligning herself with extremists hostile to Islam, Mayor Beth Van Duyne of Irving, Texas has helped......
JSanford (0 comments)
Evangelicals Seduced By Ayn Rand Worship Crypto-Satanism, Suggest Scholars
[update: also see my closely related stories, "Crypto-Cultists" and "Cranks": The Video Paul Ryan Hoped Would Go Away, and The Paul Ryan/Ayn Rand/Satanism Connection Made Simple] "I give people Ayn Rand with trappings" -......
Bruce Wilson (11 comments)
Ted Cruz Anointed By Pastor Who Says Jesus Opposed Minimum Wage, and Constitution Based on the Bible
In the video below, from a July 19-20th, 2013 pastor's rally at a Marriott Hotel in Des Moines, Iowa, Tea Party potentate Ted Cruz is blessed by religious right leader David Barton, who claims......
Bruce Wilson (0 comments)
Galt and God: Ayn Randians and Christian Rightists Expand Ties
Ayn Rand's followers find themselves sharing a lot of common ground with the Christian Right these days. The Tea Party, with its stress on righteous liberty and a robust form of capitalism, has been......
JSanford (3 comments)
Witchhunts in Africa and the U.S.A.
Nigerian human rights activist Leo Igwe has recently written at least two blog posts about how some African Pentecostal churches are sending missionaries to Europe and the U.S.A. in an attempt to "re-evangelize the......
Diane Vera (1 comment)
Charles Taze Russell and John Hagee
No doubt exists that Texas mega-church Pastor John Hagee would be loathe to be associated with the theology of Pastor C.T. Russell (wrongly credited with founding the Jehovah's Witnesses) but their theological orbits, while......
COinMS (0 comments)
A death among the common people ... imagination.
Or maybe my title would better fit as “Laws, Books, where to find, and the people who trust them.”What a society we've become!The wise ones tell us over and over how the more things......
Arthur Ruger (0 comments)
Deconstructing the Dominionists, Part VI
This is part 6 of a series by guest front pager Mahanoy, originally dated November 15, 2007 which I had to delete and repost for technical reasons. It is referred to in this post,......
Frederick Clarkson (1 comment)
Republican infighting in Mississippi
After a bruising GOP runoff election for U.S. Senator, current MS Senator Thad Cochran has retained his position and will face Travis Childers (Democrat) in the next senate election. The MS GOP is fractured......
COinMS (5 comments)
America's Most Convenient Bank® refuses to serve Christians
Representatives of a well known faith-based charitable organization were refused a New Jersey bank’s notarization service by an atheist employee. After inquiring about the nature of the non-profit organization and the documents requiring......
Jody Lane (5 comments)
John Benefiel takes credit for GOP takeover of Oklahoma
Many of you know that Oklahoma has turned an unrecognizable shade of red in recent years.  Yesterday, one of the leading members of the New Apostolic Reformation all but declared that he was responsible......
Christian Dem in NC (2 comments)
John Benefiel thinks America is under curse because Egyptians dedicated North America to Baal
You may remember that Rick Perry put together his "Response" prayer rallies with the help of a slew of NAR figures.  One of them was John Benefiel, an Oklahoma City-based "apostle."  He heads up......
Christian Dem in NC (5 comments)
Mississippi Religious Freedom Restoration Act.
Yes, that's right. We have totally lost our religious freedom in Mississippi and it must be restored by our legislators. ......
COinMS (5 comments)

More Diaries...




All trademarks and copyrights on this page are owned by their respective companies. Comments, posts, stories, and all other content are owned by the authors. Everything else 2005 Talk to Action, LLC.