海角大神

What do same-sex opponents do now? New plans start to bubble

Lawmakers who oppose same-sex marriage have begun proposing ways for state and local governments to get out of 'the marriage business.'

|
Albert Cesare/The Montgomery Advertiser/AP
Alabama Public Service Commissioner Chip Beeker speaks during a rally against same-sex marriage outside the Alabama Supreme Court in Montgomery.

In the first week after a divided Supreme Court declared same-sex marriage a fundamental constitutional right, conservative officials began wrestling with how to square the apparent contradictions of that new ruling with their religious beliefs. 聽

Many of these first attempts are focusing on trying to get government agencies out of the marriage business altogether. The goal is to protect the freedom of conscience for clerks and government officials who do not want to participate in same-sex civil marriage ceremonies.

The moves stand on dubious legal ground, many experts say, suggesting that the situation is akin to racial prejudice in the past. Just as magistrates could not refuse to marry interracial couples after a key Supreme Court ruling in 1967, they say, they cannot now refuse to marry same-sex couples.

But for many Americans, who see the situations as different and argue that they should not be compelled to participate in a ceremony they find immoral, the proposed laws speak to the now-urgent need to protect religious liberty as same sex marriage becomes the law of the land.

  • On Sunday, Texas Attorney General Ken Paxton (R) said county clerks and magistrates could refuse to issue marriage licenses or participate in marriage ceremonies for religious reasons. Although they could expect to be sued, he said, 鈥渘umerous lawyers stand ready to assist clerks defending their religious beliefs, in many cases on a pro-bono basis, and I will do everything I can from this office to be a public voice for those standing in defense of their rights,鈥 Mr. Paxton said on the Supreme Court ruling.
  • In Alabama, at least two county judges have said their jurisdictions will no longer be involved in permanently closing the marriage license bureaus in their county offices. 鈥淭his decision is not based on me being a homophobic 鈥 people can do whatever they want in private,鈥 said Geneva County Probate Judge Fred Hamic, according to local news site AL.com. 鈥淚t is based strictly on my 海角大神 beliefs.鈥
  • In Michigan, a lawmaker that would end civil marriage ceremonies throughout the state. The bill, which would 鈥渆ssentially [deregulate] marriage from the clutches of the government,鈥 said state Rep. Todd Courser, Republican co-sponsor, would only permit a 鈥渕inister of the gospel鈥 or other cleric or authorized religious practitioner to 鈥渟olemnize鈥 a couple鈥檚 marriage vows, and then provide the paperwork for the state to keep on record. A is reportedly in the works in Utah.

Roy Moore, the chief justice of the Alabama Supreme Court, addressed the deep misgivings that some conservative 海角大神s have with the decision while speaking at a local church Sunday.

"Have we elevated morality to immorality? Do we call good, bad? What are we 海角大神s to do?" said Justice Moore, who has fought with the US Supreme Court over same-sex marriage before. "When they create it as a national right, a fundamental right, what are we do?"

Analysts suggest that there is little legal recourse.

鈥淵ou can鈥檛 simply recondition access to a fundamental right 鈥 the right to be able to marry 鈥 on the condition of participating in a religious activity,鈥 says Elizabeth Cooper, a professor at Fordham Law School in New York. 鈥淵ou have a huge First Amendment problem here,鈥 which forbids the establishment of religion.

This year, debates have raged over questions about the 鈥減ublic accommodation" that florists, photographers, and other private business owners must give to same-sex couples seeking to use their services, sparking bitter controversies and lawsuits in states across the nation.

In his analysis of the 5-to-4 Supreme Court decision on Sunday, Texas Attorney General Paxton in Texas said that state and federal 鈥渞eligious freedom restoration acts鈥 allowed individuals plenty of room to opt out of participating in same-sex marriages, so long as the state provides alternative access to marriage ceremonies.

But opponents see this as analogous to an argument based on race. Can a person refuse to marry interracial couples, if it is against his or her religion?

鈥淚鈥檇 imagine there were similar attempts by clerks after the Loving decision,鈥 says Professor Cooper, referring to the landmark 1967 Supreme Court case that declared state bans on interracial marriages to be unconstitutional.

鈥淛ust like we wouldn鈥檛 permit racial discrimination under the guise of permitting religious practice, I believe that we cannot permit discrimination against same sex couples under the guise of religion,鈥 Cooper says.

Paxton, however, hopes the conflicting constitutional values can 鈥減eaceably coexist.鈥 聽

鈥淚n recognizing a new constitutional right in 2015, the Supreme Court did not diminish, overrule, or call into question the rights of religious liberty that formed the first freedom in the Bill of Rights in 1791,鈥 he wrote on Sunday. 鈥淭his newly minted federal constitutional right to same-sex marriage can and should peaceably coexist with longstanding constitutional and statutory rights, including the rights to free exercise of religion and freedom of speech.鈥

You've read  of  free articles. Subscribe to continue.
Real news can be honest, hopeful, credible, constructive.
海角大神 was founded in 1908 to lift the standard of journalism and uplift humanity. We aim to 鈥渟peak the truth in love.鈥 Our goal is not to tell you what to think, but to give you the essential knowledge and understanding to come to your own intelligent conclusions. Join us in this mission by subscribing.
QR Code to What do same-sex opponents do now? New plans start to bubble
Read this article in
/USA/Justice/2015/0629/What-do-same-sex-opponents-do-now-New-plans-start-to-bubble
QR Code to Subscription page
Start your subscription today
/subscribe