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Switch to Forum Live View Gay Religious Liberty?
8 years ago  ::  Feb 06, 2010 - 1:14PM #21
Posts: 195

Typically ministers, priests, religious and spiritual leaders of any church organzied, carrying on its work, and having congregations in a state may perform marriages if authorized by their church or temple to do so.

Before performing marriages, ministers et al. must file their creditials with the county clerk of the county in which they reside or in which the marriage is to be performed.  Ministers must give the bride & groom a marriage certificate upon request.  Also, ministers must send a marriage certificate to the county clerk who issued the marriage license within one month after the marriage.

Churches et al. are indeed intangled with religion and state re valid legal licensing of civil marriages.  It is for this reason that churches or recognized spiritual temples which are gay friendly have solid 1st Amendment grounds upon which to claim their abridgment of their free exercise of religious liberty in the state's denial of its ministers to perform same-sex marriages and to sign said marriage licenses.

It is a church state issue AND a good one for gays to use.

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8 years ago  ::  Feb 06, 2010 - 2:25PM #22
Posts: 95

The 1st Amendment says government shall not enact laws respecting an establishment of religion nor prohibiting the free exercise of citizens religious liberty.  When the various state governments in "respecting an establishment of religion" by specifically designating pastors and priests and rabbis as agents of the state in officiating at religious marriage ceremonies and in declaring and signing and witnessing and processing legal documents of the state; then yes, a case can be made that the state is involving itself  with recognizing those church/temple marriages which are, of course, religious in nature.

If my son and his partner wanted their pastor who is gay friendly to perform and declare and witness and sign state documents after a church wedding ceremony it would be an egregious violation of their religious liberty for the state to deny this on the grounds that it is preventing the free exercise of the religious liberty of their church, pastor, congregation and themselves and thus a violation of their 1st Amendment rights under the US Constitution.


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