A state actor does not have to defer to a religious belief for a benefit it
bestows (granting a marriage license).  The actor is, however, required
under Hobby Lobby to not coerce a private, unelected, citizen to grant a
benefit contrary to its religious belief.

The issues are worlds apart.  Hobby Lobby never asked the govt. to identify
the drugs as abortcifatents; only to get hobby lobby out of the picture.

On Mon, Sep 21, 2015 at 3:47 PM, Len <campquest...@comcast.net> wrote:

> These reports put The Onion to shame.
>
>
>
> ------------------------------
> *From: *"Marty Lederman" <lederman.ma...@gmail.com>
> *To: *"Law & Religion issues for Law Academics" <
> religionlaw@lists.ucla.edu>
> *Sent: *Monday, September 21, 2015 3:19:16 PM
> *Subject: *Civil determination of a religious question in Rowan County?
>
>
> A report to the court of another of the Rowan County Deputy Clerks today
> includes the following:
>
> "Mrs. Plank reports that, to the best of her knowledge, all requests for
> marriage licenses requested by legally qualified couples have been issued.
> The only denial of a marriage license application that has occurred within
> the last two weeks was to a gentleman who stated that he wanted a license
> that would permit him to marry 'Jesus'.  *When it was explained to the
> individual that both parties had to be present, he stated, 'Jesus is always
> present'.*  After being denied, the gentleman returned later and
> presented a type of Power of Attorney document issued by his church
> granting him authority to sign 'Jesus'’ name.  *Since both parties were
> not present* these requests were denied."
>
> Impermissible civil assessment of a fundamentally religious question?
>
> (P.S.  The passage from the filing today, quoted above, is 100% true.  My
> "legal" question, however, is of course facetious -- although given the
> Court's recent movement toward almost absolute deference to private
> religious assessments (cf. *Hobby Lobby*), it's not obvious on first
> glance why the Clerk's Office was permitted to act on the basis that "Jesus
> was not present.")
>
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-- 
Michael Worley
J.D., Brigham Young University
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