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Clergy Exemptions

(Lupu & Tuttle 2010). The very first Amendment forbids their state from adjudicating intraecclesial theological disputes and picking churches’ ministers; hence the federal government would break fundamental constitutional values if it ordered clergy to do religious marriages. Yet the theory is that (but unlikely), it’s possible that “the federal federal government could treat the celebration of civil wedding as being an accommodation that is public and prohibit discrimination by providers of the service. Or, the national federal government could impose an ailment on its grant of this authority to solemnize marriages, requiring the celebrant to be prepared to provide all partners.” (Lupu & Tuttle 2010). Concern about such government demands prompted some state legislatures to authorize solemnization exemptions for clergy.

The constitutional concern about forcing clergy to do marriages arose during the dental argument in Obergefell, whenever Justice Antonin Scalia, who later on dissented from the same-sex wedding ruling, asked the LGBT couples’ attorney: “Do you agree totally that ministers won’t have to conduct same-sex marriages?” Lawyer Mary Bonauto quickly reacted that ministers enjoy a primary Amendment directly to will not perform marriages: “If something is firm, and I also believe that it is firm, that under the First Amendment, that a clergyperson may not be obligated to officiate at a married relationship that she or he will not wish to officiate at.” Justice Elena Kagan chimed inside her help to Bonauto, noting that rabbis are not essential to conduct marriages between Jews and non-Jews, despite the fact that spiritual discrimination is unlawful. Justice Stephen Breyer quickly quoted the complimentary Workout Clause to buttress Kagan’s remark and Bonauto’s reaction. (Oral, 2015). Continue reading →

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