I'll believe this is a serious issue when the Court holds that limiting the 
priesthood or rabbinate to men violates Title VII, but not a day before. I 
detect some demagoguery in Oklahoma legislature--shocking I'm sure.

Sent from my iPhone

On Feb 13, 2015, at 3:53 PM, Brad Pardee 
<bp51...@windstream.net<mailto:bp51...@windstream.net>> wrote:

I thought that having nearly ten percent of the legislature oppose it indicates 
that that the pastors' concerns weren't just products of their imagination, and 
what nearly ten percent now may grow larger in time as activists and lobbyists 
play their role in the political process.  What I've seen of our legislature 
here in Nebraska is that, when senators' votes are changed, it seems far more 
likely that senators who voted with the majority will change rather than one of 
the minority, which is why I felt it was a serious question.

Considering that nearly the entire article as about this piece of legislation 
and there were no gay rights supporters stating that this proposal was fine and 
that it was other proposals they would challenge in court, it could be that it 
is sloppy journalism (not unheared of on Yahoo) or it could be that the gay 
right supporters included this in the proposals they would challenge.

Brad

From: 
religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Friday, February 13, 2015 3:22 PM
To: Law & Religion issues for Law Academics
Subject: Re: Oklahoma bill would protect clergy who won't perform gay marriages

What does it "say" that seven out of 95 legislators voted against?  That this 
is not a serious question.

BTW, the story does not say that "supporters of gay rights said they'll 
challenge the law in the courts if it is passed, indicating that they believe 
pastors can be forced to perform same sex weddings that violate a church's 
teaching."

What it says is that there are "several proposals" "before the 
Republican-dominated Oklahoma Legislature intended to protect the interests of 
people who object to the lifting of the gay marriage ban," and that "gay rights 
supporters have said they would challenge the proposed measures in court if 
they become law."  It does not cite any gay rights supporters as saying they'll 
sue to require ministers to perform religious weddings for same-sex couples.

On Fri, Feb 13, 2015 at 4:13 PM, Brad Pardee 
<bp51...@windstream.net<mailto:bp51...@windstream.net>> wrote:
http://news.yahoo.com/oklahoma-bill-protect-clergy-wont-perform-gay-marriages-230731935.html

>From what I have learned here in my time on this list, I wouldn't think that 
>this law would be necessary because existing law would seem to prevent the 
>government from mandating when churches are required to invoke God's blessing 
>and dictating what churches can include in their moral teaching.  However, it 
>says something that a) the pastors felt the protection was required after the 
>ban on same sex marriage was overturned, b) seven legislators opposed 
>providing that protection in the law, and c) supporters of gay rights said 
>they'll challenge the law in the courts if it is passed, indicating that they 
>believe pastors can be forced to perform same sex weddings that violate a 
>church's teaching.

Brad Pardee



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