Isn’t this an easy case of free exercise violation? Assuming that states do
not need to recognize same sex marriages as a matter of federal equal
protection law, and do not need recognize church-recognized same sex marriages
as vaild for state purposes (though the state would still recognize
Well, I'd be happy to see a declaratory judgment making clear
that the statutes don't apply here. But that seems to me to be pretty certain
from the text of the statute; section 51-7 provides, Every minister, officer,
or any other person authorized to solemnize a marriage under
The principal source of ambiguity is that §51-7 goes on to provide an
exception for couples who are married by a judge and later have a religious
ceremony as well. Hard to see why that exception was needed if no one
thought the law reached purely religious ceremonies.
Douglas Laycock
Robert
Oh, I agree that the law doesn't categorically exempt purely
religious ceremonies. The prohibition in section 51-7 would apply to such
ceremonies, but only if a license is required by law for such ceremonies.
But I don't see how section 51-7 makes it a crime to celebrate a
Has there been any discussion from either side of what is meant by
arrangements? It might be limited to wedding receptions/parties, etc.,
but one can imagine broader interpretations that go to the full range of
human activities involved in operating a household as a married couple.
On Fri, May
