North Carolina Protects Religious Rights In Same-Sex Marriage Debate

The Federalist ^ | 05/28/2015 | By D.C. McAllister

[SeekAndFind]

The N.C. House passes a bill allowing magistrates to recuse themselves from performing same-sex marriages if they have a religious objection.

Despite accusations of hostility toward homosexuals and discrimination on the level of Jim Crow, the North Carolina House of Representatives approved a bill that allows magistrates to recuse themselves from performing marriages due to sincerely held religious objections to same-sex marriage. After more than two hours of passionate debate, the House passed Senate Bill 2 in a 65 to 45 vote Wednesday.

The bill was sponsored by Sen. Phil Berger (R-Rockingham) after the N.C. Administrative Office of the Courts (AOC) sent a memo to magistrates last year, telling them that any failure to conduct marriages of all couples would violate their oath of office and constitute a failure to perform a duty of the office. “For these reasons, all magistrates must treat same-sex marriages for which a marriage license has been issued by the Register of Deeds the same way that marriages between a man and a woman are scheduled and conducted.”

Magistrates Ejected from Civil Service

Anyone who refuses to perform same-sex marriages—even for religious reasons—could be suspended, removed from office, and potentially face criminal charges. Under current law, then, basically any magistrate who has religious objections to same-sex marriage should resign.

This happened to several magistrates as they were forced to leave their jobs rather than face termination or punishment. Two magistrates are now suing the AOC under the N.C. Constitution, which states that “all persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences. . . . No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.”

[SeekAndFind]

How long will it take for the Federal courts to override this state bill and declare it unconstitutional?

[onedoug]

IMHO, this should have included The People, and not just their fellow government employees.

Or am I missing something in this.

[SeekAndFind]

RE: IMHO, this should have included The People, and not just their fellow government employees

This was called in states like Indiana — RELIGIOUS FREEDOM RESTORATION ACT.

The bill that caused all the national brouhaha.

[Nextrush]

Governor Pat McCrory issued a statement today saying he will VETO THIS BILL.

REPUBLICAN PAT MCCRORY SAID EARLIER THIS YEAR THAT NORTH CAROLINA DID NOT NEED A RELIGIOUS FREEDOM LAW LIKE INDIANA.

[madprof98]

The feds don’t have to do this. The gop governor got a call from his former bosses at Duke Power, and the bill will be vetoed. (The Christians, I presume, will be crucified.)