At 05:40 PM 8/23/2004, [EMAIL PROTECTED] wrote:
Had an interesting discussion with a rabbi in New York last weekend. He told me that as a clergyperson licensed by the state to perform marriages, he is prohibited from marrying a couple in a religious ceremony if they are not also being (or already have been) married civilly. He told me that numerous times he has had to turn down couples, especially elderly couples, who wanted him to perform a religious but not a civil marriage. I haven't thought about it deeply, but it sounds unconstitutional to me to condition the right to do civil marriages on a clergyperson refusing to conduct a purely religious ceremony. Thoughts?
Professor David E. Bernstein
George Mason University
School of Law
http://mason.gmu.edu/~dbernste
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Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX 78705
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