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NC gay marriage opt-out written to avoid Kentucky-style impasse
WRAL ^ | 09/04/2015 | Laura Leslie

Posted on 09/04/2015 11:23:16 AM PDT by SeekAndFind

RALEIGH, N.C. — North Carolina legislators enacted a law in June giving magistrates and staffers in county register of deeds offices a way to avoid participating in same-sex weddings if they have religious objections to gay marriage.

But officials said Thursday that the law is different from what's on the books in Kentucky, where a clerk who defied court orders to issue marriage licenses to same-sex couples has been jailed, and they don't foresee a similar standoff occurring in North Carolina.

U.S. District Judge David Bunning said he had no choice but to jail Rowan County (Ky.) Clerk Kim Davis for contempt after she insisted that her "conscience will not allow" her to follow federal court rulings on gay marriage.

North Carolina's law doesn't cover elected officials, only magistrates appointed by county court clerks and assistants to the elected register of deeds in each county. It also requires that someone must be made available to issue a marriage license or preside over a wedding if someone steps aside for religious reasons, so no one would be denied service, as has been the case in Kentucky.

"We provided an opportunity for folks who have strongly held religious views with objections to opt out, but we also provided a backstop," said Senate President Pro Tem Phil Berger, who sponsored the legislation. "It’s keeping folks from having to choose between their job and their religious beliefs. I think that’s important."

Still, Sarah Preston, acting executive director of the North Carolina chapter of the American Civil Liberties Union, said the laws in North Carolina and Kentucky both amount to "government officials refusing to do part of their job."

(Excerpt) Read more at wral.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: North Carolina
KEYWORDS: consciousclause; gaymarriage; homosexualagenda; kentucky; northcarolina
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1 posted on 09/04/2015 11:23:16 AM PDT by SeekAndFind
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To: SeekAndFind

According to the article, 5% of of the 670 magistrates statewide have recused themselves from marriage duties because of their religious beliefs, according to the Administrative Office of the Courts.


2 posted on 09/04/2015 11:23:56 AM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: SeekAndFind
U.S. District Judge David Bunning said he had no choice but to jail Rowan County (Ky.) Clerk Kim Davis for contempt after she insisted that her "conscience will not allow" her to follow federal court rulings on gay marriage.

Meanwhile, millions of illegals are able to ignore immigration law and a good portion of the Federal government turns a blind eye.

FU government

3 posted on 09/04/2015 11:26:39 AM PDT by The Iceman Cometh (Proud Teabagging Barbarian Terrorist Hobbit Crazy Cracker Son-of-a-Bitch!)
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To: SeekAndFind

The judge did have a choice in punishing the clerk. He could have fined her for contempt instead of jailing her.


4 posted on 09/04/2015 11:28:07 AM PDT by caprock
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To: SeekAndFind

They should want a standoff. The SCOTUS ruling was absolutely lawless just like the Obamacare rulings, just like Kelo, just like Roe V wade. The SCOTUS is the single largest threat to the Republic. What good is saving a country from ISIS and Muslims if we are going continue just submitting to liberal abuse of power?


5 posted on 09/04/2015 11:28:59 AM PDT by Maelstorm (America wasn't founded with the battle cry give me Liberty or cut me a government check!".)
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To: caprock

The judge should be imprisoned. If I were governor I’d round up any federal judge that did something like this.


6 posted on 09/04/2015 11:31:08 AM PDT by Maelstorm (America wasn't founded with the battle cry give me Liberty or cut me a government check!".)
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To: The Iceman Cometh

If the legislature of Kentucky had any balls, it could pass an Opt-Out law similar to North Carolina.

There’s only one problem -— Their Senate is controlled by REPUBLICANS but their House is controlled by DEMOCRATS.


7 posted on 09/04/2015 11:31:19 AM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: Maelstorm

RE: The judge should be imprisoned. If I were governor I’d round up any federal judge that did something like this.

The Kentucky governor is a DEMOCRAT. Ain’t gonna happen anytime soon.


8 posted on 09/04/2015 11:32:41 AM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: caprock

Absolutely. He had a choice and decided to make an example of her.


9 posted on 09/04/2015 11:38:41 AM PDT by Catsrus (The Great Wall of Trump - coming to a southern border near you.)
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To: SeekAndFind

And the judge is that stupid Jim Bunning’s son!!!


10 posted on 09/04/2015 11:41:52 AM PDT by Ann Archy (ABORTION....... The HUMAN Sacrifice to the god of Convenience.)
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To: SeekAndFind

That’s true and I’m not going to be governor though we are getting to the point where a person could get elected on rounding up feds and kicking them out of the state.

The whole issue has really revealed the GOP as did the planned parenthood videos more so than Democrats which are mostly committed to evil. We have not one state in the union totally rebuking the SCOTUS for its unlawful in your face rulings. Just as till recently we had deep red states blissfully funding Planned Parenthood till of course it could not be ignored when the videos hit.

Its so clear that its not just Democrats betraying us and selling out America.


11 posted on 09/04/2015 11:46:36 AM PDT by Maelstorm (America wasn't founded with the battle cry give me Liberty or cut me a government check!".)
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To: The Iceman Cometh

I guess the Blaze identified who he is:

http://www.theblaze.com/wp-content/uploads/2015/09/Screen-Shot-2015-09-04-at-1.21.23-PM.png

It’s obvious “laws” are only being enforced if they go with an agenda that seems right of the MSM playbook.

Which is an ominous trend.


12 posted on 09/04/2015 11:47:33 AM PDT by SaveFerris (Be a blessing to a stranger today for some have entertained angels unaware)
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To: caprock

$1.00


13 posted on 09/04/2015 11:54:35 AM PDT by Qiviut (Stand up for Jesus, ye soldiers of the cross; lift high his royal banner, it must not loss)
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To: SeekAndFind

If the federal government is not going to uniformly enforce the law, then when it chooses to enforce any law, it has to make a choice and making the choice as to how much to enforce the law and which laws to not enforce is in itself an act of tyranny. Because as we see, guess what laws the left is willing to enforce by sending people quickly to jail and which ones does it turn a blind eye to for years.

#LoveWins -> #BakeTheCake -> #IssueTheLicense => #PinkSwastika -> #TyrannyOfUtopia -> #VoteProgressive


14 posted on 09/04/2015 12:23:45 PM PDT by theBuckwheat
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To: SeekAndFind

The KY Constitution doesn’t allow for same-sex marriages and it didn’t help. What makes NC think their law will help?


15 posted on 09/04/2015 12:25:33 PM PDT by AppyPappy (If you really want to irritate someone, point out something obvious they are trying hard to ignore.)
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To: AppyPappy

1) It is a RECENT LAW.

2) It is being availed of by 5% of officials

3) Sometimes we need a law to SPECIFICALLY SPELL OUT that you have this right.

Of course any determined gay activist can and probably will challenge this, but it’s still worth passing such a law.


16 posted on 09/04/2015 12:28:21 PM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: SeekAndFind

Anybody know how long the former Mayor of San Francisco Gavin Newsome was jailed for breaking the law in Cali by issuing marriage licenses to homosexual couples?


17 posted on 09/04/2015 12:28:39 PM PDT by jwalsh07
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To: jwalsh07

RE: Anybody know how long the former Mayor of San Francisco Gavin Newsome was jailed for breaking the law in Cali by issuing marriage licenses to homosexual couples?

Jailed? On the contrary, Newsom gained national attention when he directed the San Francisco city–county clerk to issue marriage licenses to same-sex couples, in violation of the then-current state law.

The only “punishment” if you can call it that, he got was to see his lawless act annulled by the California Supreme Court.

But for what he did, he was CELEBRATED by Hollywood big wigs and the mainstream press.


18 posted on 09/04/2015 12:31:52 PM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: SeekAndFind

They’ll get a judge to throw it out. There’s only one way to get out of performing a same-sex marriage:

“I’m sorry but my Islamic faith does not allow me to marry homosexuals”.


19 posted on 09/04/2015 12:32:19 PM PDT by AppyPappy (If you really want to irritate someone, point out something obvious they are trying hard to ignore.)
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To: SeekAndFind

One of Davis’ issues is that her name still appears on certificates for homosexual “weddings”. North Carolina’s law would presumably not change that particular situation.


20 posted on 09/04/2015 12:33:10 PM PDT by Colonel_Flagg ("Donald Trump: Quality Conservatism Since 2015.")
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