For years I have been telling Daniel that eventually a gay-friendly church like the United Church of Christ would sue a state over same-sex marriage bans on the grounds that such bans violated the church members' religious freedom. And now ...
In 2012, the people of North Carolina voted to write discrimination directly into their constitution by banning same-sex marriage. Today in federal court, one Christian denomination is suing the state for violating its First Amendment rights to religious liberty as a result of implementing that ban.
Amendment One, which was pushed onto the people of North Carolina in an ugly and lie-filled battle fueled by the National Organization For Marriage, makes it illegal for ministers or pastors or any faith leader to even perform a same-sex commitment ceremony, even though it would have no legal meaning. Rev. Emily C. Heath of the United Church of Christ, the group suing the state, quoting the law writes that “any member of the clergy who officiates at a same-sex marriage in the state may be sentenced to ’120 days in jail and/or probation and community service.’”
In other words, the state of North Carolina is telling clergy that it is illegal to pray in the manner in which they see fit.In other words, North Carolina state law is making it a crime for some Christians to freely exercise their religion.
For those of us who are people of faith, marriage is more than just a civil ceremony. It is also a religious one. And under the current law, even if a member of the clergy is only intending to perform a religious ritual, and not to legally marry a same-sex couple, they could be arrested.
We often hear that religious liberty is under attack in our country. Often the fact that same-sex couples are allowed to marry is cited as evidence of this attack. But, as this law makes clear, the religious liberty of same-sex couples and their officiating clergy is being attacked.
The long list of plaintiffs includes Betty Mack and Carol Taylor, a couple int their 70s who have been together more than 40 years.
The United Church of Christ has also launched a campaign surrounding their lawsuit, called, I Do Support Religious Freedom.
It would seem that the main lesson from this is that claims to religious freedom can be a very slippery slope that slides in many directions.
This will be a fascinating case to follow; will conservatives go along with it, as they usually do about church freedoms?
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