In Idaho, ministers face possible jail and fines for refusing to perform gay marriage
10-20-2014, 11:01 AM
http://dailysignal.com/2014/10/18/govern...g-go-jail/
There's more at the link above.
The brilliant law professor Eugene Volokh, owner of The Volokh Conspiracy blog, weighs in below:
http://www.washingtonpost.com/news/volok...-weddings/
It's not enough to legalize gay marriage, apparently. Now all around the country the LGBT crowd is using anti-discrimination ordinances as legal weapons to force people who disagree with it to accommodate and do business with them.
The mask is off, gentlemen. All those 'crazy' right-wingers who were worried about this sort of thing occurring but haughtily dismissed have been proven right.
Quote:Quote:
For years, those in favor of same-sex marriage have argued that all Americans should be free to live as they choose. And yet in countless cases, the government has coerced those who simply wish to be free to live in accordance with their belief that marriage is the union of a man and a woman.
Just this weekend, a case has arisen in Idaho, where city officials have told ordained ministers they have to celebrate same-sex weddings or face fines and jail time.
The Idaho case involves Donald and Evelyn Knapp, both ordained ministers, who run Hitching Post Wedding Chapel. Officials from Coeur d’Alene, Idaho, told the couple that because the city has a non-discrimination statute that includes sexual orientation and gender identity, and because the 9th U.S. Circuit Court of Appeals struck down Idaho’s constitutional amendment defining marriage as the union of a man and a woman, the couple would have to officiate at same-sex weddings in their own chapel.
The non-discrimination statute applies to all “public accommodations,” and the city views the chapel as a public accommodation.
On Friday, a same-sex couple asked to be married by the Knapps, and the Knapps politely declined. The Knapps now face a 180-day jail term and $1,000 fine for each day they decline to celebrate the same-sex wedding.
A week of honoring their faith and declining to perform the ceremony could cost the couple three and a half years in jail and $7,000 in fines.
There's more at the link above.
The brilliant law professor Eugene Volokh, owner of The Volokh Conspiracy blog, weighs in below:
http://www.washingtonpost.com/news/volok...-weddings/
Quote:Quote:
Friday, the Knapps moved for a temporary restraining order, arguing that applying the antidiscrimination ordinance to them would be unconstitutional and would also violate Idaho’s Religious Freedom Restoration Act. I think that has to be right: compelling them to speak words in ceremonies that they think are immoral is an unconstitutional speech compulsion. Given that the Free Speech Clause bars the government from requiring public school students to say the pledge of allegiance, or even from requiring drivers to display a slogan on their license plates (Wooley v. Maynard (1977)), the government can’t require ministers — or other private citizens — to speak the words in a ceremony, on pain of either having to close their business or face fines and jail time. (If the minister is required to conduct a ceremony that contains religious language, that would violate the Establishment Clause as well.)
I think the Knapps are also entitled to an exemption under the Idaho RFRA. The Knapps allege that “sincerely held religious beliefs prohibit them from performing, officiating, or solemnizing a wedding ceremony between anyone other than one man and one woman”; I know of no reason to think they’re lying about their beliefs. Requiring them to violate their beliefs (or close their business) is a substantial burden on their religious practice.
And I find it hard to see a compelling government interest in barring sexual orientation discrimination by ministers officiating in a chapel. Whatever interests there may be in equal access to jobs, to education, or even in most public accommodations, I don’t see how there would be a “compelling” government interest in preventing discrimination in the provision of ceremonies, especially ceremonies conducted by ministers in chapels.
I was very pleased to have the officiants I had for my wedding. But if I had instead asked a rabbi, and he told me that he didn’t want to preside over a wedding between my wife (who isn’t ethnically Jewish) and me, I can’t see how that sort of ethnic discrimination would create a harm that justifies trumping the rabbi’s religious freedom rights and free speech rights. Perhaps some might feel offended by such a statement of religious rejection, but I don’t think there can be a compelling government interest in shielding people from such rejections when it comes to the performance of ceremonies. The same, I think, is true when officiants refuse to perform ceremonies for interfaith couples, couples remarrying after a divorce (notwithstanding state laws that ban marital status discrimination), intercaste couples, or interracial couples — or same-sex couples.
It's not enough to legalize gay marriage, apparently. Now all around the country the LGBT crowd is using anti-discrimination ordinances as legal weapons to force people who disagree with it to accommodate and do business with them.
The mask is off, gentlemen. All those 'crazy' right-wingers who were worried about this sort of thing occurring but haughtily dismissed have been proven right.
"Men willingly believe what they wish." - Julius Caesar, De Bello Gallico, Book III, Ch. 18