I wonder if the reverse argument has more power.  That is:  if a church declares that the sacrament of marriage is available to *any* couple willing to accept it, does the minister of that church have a free exercise right *to perform* that marriage ceremony?  
-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]


Ed Darrell wrote:
The right to marry doesn't include the right to a church wedding.  Pastors, rabbis and other religious leaders who may perform marriages now have relatively wide latitude to say for whom they will or won't perform the ceremony.
 
The couple may get married in a civil ceremony at the courthouse, or with another official presiding at some other location.  Traditionally, in the U.S. the problem has not been finding people to perform marriages, but rather to find people who won't perform them when they shouldn't be performed -- underage kids, for example.  This latitute allowed to the marriage solemnizers allows marriage performers to use many different reasons to refuse to perform any particular marriage, even unsavory and against-public-policy reasons.
 
Ed Darrell
Dallas
 


Jean Dudley <[EMAIL PROTECTED]> wrote:
I'm of the mind that the recent decision from Judge Robert Kramer in
California regarding gay marriage in that state is another step in the
march towards the eventual breaking down of the societal prohibition on
same-sex marriage. One of the arguments I've heard against it is that
the "guvmint" will force religious leaders to perform same-sex
marriages against their conscience. How real is this argument? Are
clergy "forced" to marry mixed-race couples against their will?
--
Edie
"A man without doubts is a monster"
--Garrison Keillor

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