Czernobog
Gold Member
Yes. Churches are private institutions whose behaviour is protected by the 1st Amendment. As representatives of the Church, preachers are similarly protected.A magistrate in the state I live in refused to marry a gay couple even though homosexual marriage was just declared legal by the courts. So a couple of questions.
1 If a gay couple ask a conservative preacher to marry them can he site his religious beliefs and say no?
No. As hired agents of the Government, magistrates enjoy no such protections. They are required to act in accordance with all local, county, state, and federal laws. This means that if same-sex equality is recognized by your state, magistrates are required tlo perform ceremonies accordingly.2 If the answer to question 1 is yes should a magistrate be able to say no because of his beliefs?
Two different things. The only exception I could see would be if the magistrate happens to be a preacher. Then, I would presume that his responsibility to the state would over-ride his protections as agent of the Church. However, I think that would be a pretty uncommon occurrence.My only fear now that it is legal is that preachers are going to be forced into marrying them even though it is against his beliefs.