Clergy Members Claim NC Gay Marriage Ban Violates Their Religious Freedom

[Hydra009]

I totally agree. The case for gay marriage should stand on it's own merits and not be pushed through by "religious freedom" bull. Doesn't the US have something like equality under law?

Yes.  But apparently, some are more equal than others.

[stromboli]

Well, Obama wouldn't support DOMA as law because in his own words it was unconstitutional. Subsequent events have certainly proved that. Even given the conservative sway of SCOTUS, it is still a fact that national opinion is ever more in favor of gay marriage.

I remember on Dr. Phil they had a big discussion over Prop. 8 with proponents and opponents, and the arguments given by the opposition to gay marriage were ludicrous. Once you legally affirm that homosexuality is not deviant behavior but natural, it is pretty hard to say they are not entitled to the same rights as heterosexuals. It made sense to me from the beginning.

[aileron]

This. It has just as much merit as those claiming equal marriage violates their religious rights, which is none because religious marriage and civil marriage are different animals. It is nice to see them make a stand though.

I read the NC laws and I think the case has a very good chance to enjoin enforcement on one of three counts of relief.  NC law makes it a criminal offense to solemnize a marriage without a license.  Before some states allowed gay marriage there were many examples of liberal denominations performing religious ceremonies that had no effect in law.  North Carolina law forbids such a religious ceremony without a license.  That's a very clear-cut violation of the Establishment Clause.

So at the very least they will get that nonsense struck down because it's clearly bullshit for a legislature to tell a religious organization that they can't have a ceremony that has no effect in law. That won't force NC to issue licenses (that is part of the injunctive relief requested in two other counts), but it will get the matter before a court on separate grounds.  Each time the matter goes before a court the more likely it is to be struck.

[Solitary]

This is a religious group that actually wants to officiate gay marriages but can't because of North Carolina's ban on gay marriage, so they're arguing that the law violates their religious freedom.

Thanks Hydra009! I stand corrected, I completely misunderstood it. Solitary

[The Skeletal Atheist]

I read the NC laws and I think the case has a very good chance to enjoin enforcement on one of three counts of relief.  NC law makes it a criminal offense to solemnize a marriage without a license.  Before some states allowed gay marriage there were many examples of liberal denominations performing religious ceremonies that had no effect in law.  North Carolina law forbids such a religious ceremony without a license.  That's a very clear-cut violation of the Establishment Clause.

So at the very least they will get that nonsense struck down because it's clearly bullshit for a legislature to tell a religious organization that they can't have a ceremony that has no effect in law. That won't force NC to issue licenses (that is part of the injunctive relief requested in two other counts), but it will get the matter before a court on separate grounds.  Each time the matter goes before a court the more likely it is to be struck.

Ok, so it's the government butting into religious marriage without merit. That makes it an entirely different issue, and now I can see how they would win this.