[The_Reader_David]

So you are proposing that a religious test be established for occupying an office under one of the several states — to wit, that one may not be an adherent of any religion which firmly believes the purported marriage of persons of the same sex is a moral travesty in which one cannot participate if one is to occupy the offices of county clerk, justice of the peace, judge, or any other office which is empowered to issue marriage licenses. This seems to run afoul of Article VI, paragraph 3 as extended to the states by prevailing 14th Amendment jurisprudence.

[SpirituTuo]

Not proposing a religious test. I don’t know the case law, so this is my opinion. On a side note, the rules of matrimony are governed by religious statutes, while the laws of marriage are decided by the state.

I believe if a person takes an oath to uphold the laws of the state, and the state says they allow “x,” then the person is obliged to operate in that environment.

An example: Atheists wish to marry civilly. Clerk thinks marriage is reserved to believers. Clerk must issue license anyway.

Another example: Shall issue statutes. Sheriffs don’t like the CCW, but shall issue.

That’s where I am coming from.

[Lurking Libertarian]

So you are proposing that a religious test be established for occupying an office under one of the several states — to wit, that one may not be an adherent of any religion which firmly believes the purported marriage of persons of the same sex is a moral travesty in which one cannot participate if one is to occupy the offices of county clerk, justice of the peace, judge, or any other office which is empowered to issue marriage licenses. This seems to run afoul of Article VI, paragraph 3 as extended to the states by prevailing 14th Amendment jurisprudence.

Can a Catholic County Clerk refuse to issue marriage licenses to people who have been divorced?

Can an Amish County Clerk refuse to issue drivers licenses?

Can a Quaker County Clerk refuse to issue gun licenses?