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.
The plaintiffs apparently agree with Walter that the new Davis-prescribed
adulterated license forms create a "two-tier" system of marriage licensing
that violates the Constitution:
http://balkin.blogspot.com/2015/09/plaintiffs-in-miller-v-davis-ask-court.html
*Plaintiffs in Miller v. Davis ask
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
These reports put The Onion to shame.
- Original Message -
From: "Marty Lederman"
To: "Law & Religion issues for Law Academics"
Sent: Monday, September 21, 2015 3:19:16 PM
Subject: Civil determination of a religious question