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Idaho Couple Facing Fines, Jail Time for Not Hosting Gay Weddings May Be Saved by State Law
Christian Post ^ | 10/23/2014 | Michael Gryboski

Posted on 10/23/2014 2:34:44 PM PDT by SeekAndFind

Idaho couple Donald and Evelyn Knapp, ordained ministers and owners of the Hitching Post Lakeside Chapel of Coeur d'Alene, are facing thousands of dollars in fines and possible jail time for refusing to host gay wedding ceremonies, which the city claims violates its anti-discrimination ordinance. The couple has since filed their business as a religious organization, which means they might be saved by an Idaho law that protects religious freedom.

Jeremy Tedesco, senior legal counsel for the Scottsdale, Arizona-based Alliance Defending Freedom legal organization, told The Christian Post that while Coeur d'Alene has an ordinance saying that under "public accommodation" businesses cannot discriminate, state law offeres a possible exemption for the Knapps.

"In addition to our federal claims (i.e. First Amendment), our complaint brings a cause of action under the Idaho Free Exercise of Religion Protected Act," Tedesco said. "[Under] Idaho Code § 73–401 et seq., this state law says 'government shall not substantially burden a person's exercise of religion ...'"

Tedesco recently filed a lawsuit on behalf of the Knapps in district court, as well as a motion to provide immediate relief.

"We are now waiting for the court to decide whether to grant or deny our request for a temporary restraining order," Tedesco said. "By filing a motion for a temporary restraining order, we are asking the court to act as soon as possible and order the city not to enforce its ordinance against the Knapps while our case proceeds."

City officials, who did not provide comment to CP by press time, have argued that the Hitching Post is in violation of ordinance §9.56, which bars facilities of public accommodation from discrimination.

According to the ordinance, this discrimination can include denying "any person because of sexual orientation and/or gender identity/expression, the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or amusement."

When asked by CP if religious institutions such as churches and church-owned properties are exempt from ordinances like the one in Coeur d'Alene, Tedesco said, "Same-sex marriage advocates have always said that pastors would 'never' be forced to perform same-sex marriages. Well, 'never' came quick as pastors are being threatened with jail and criminal fines for not participating in ceremonies that contradict the definition of marriage."

He continued, "No one is safe — even religious institutions currently exempt under this ordinance and others are on notice. It's foolish to depend on the very same politicians and bureaucrats who have already threatened pastors with six months in jail and $1,000 per day to respect anyone's freedom."

"Under this ordinance, our clients face up to up to 180 days in jail and up to a $1,000 fine each day they follow their religious beliefs and ministerial vows and decline to perform a same-sex wedding ceremony."

Speaking about the Knapps decision to file as a religious organization in an effort to gain exemption from performing gay wedding ceremonies at their chapel, Coeur d'Alene Councilman Dan Gookin told Fox News, "I understand that the way the law is currently written right now that the religious freedom has a priority. It trumps that other desire of mine to see more equality in that area."


TOPICS: Evangelical Christian; Moral Issues; Religion & Culture; Religion & Politics
KEYWORDS: gaymarriage; homosexualagenda; homosexuality; idaho
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To: piytar

You are too right. This couple advertised “one woman one man” marriage. Saying they have to marry something other than advertised is like forcing a VW auto mechanic to fix Fords also. Or forcing a Baptist to sprinkle as well as immerse.


21 posted on 10/23/2014 3:11:33 PM PDT by weston (As far as I'm concerned, it's Christ or nothing!)
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To: reg45

“Gaystapo”.


22 posted on 10/23/2014 3:12:51 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: SeekAndFind

If I were officiating I’d include some choice Bible passages about homosexuality and sin.


23 posted on 10/23/2014 3:14:31 PM PDT by NewHampshireDuo
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To: SeekAndFind

Seems that there is perhaps an easy way out of this...

In Idaho in order to Solemnize a marriage, one must be either one of various public or Indian officials, or priest or minister of the gospel of any denomination.

If the bylaws of the denomination specifically specifically suspended the minister during the time period of the wedding, then under Idaho law he or she would not be allowed to perform such a ceremony as the agent of the state.


24 posted on 10/23/2014 3:14:54 PM PDT by babygene
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To: Arm_Bears
It seems that, increasingly, tolerance is a one-way street.

Funny how that works, huh? I recent mentioned the same to a liberal acquaintance. I thought their head was going to explode, but that would have required at least a small amount of intelligence.

25 posted on 10/23/2014 3:21:47 PM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: SeekAndFind

Why is it that the City Councilman has a desire to see more ‘equality in that area’? And why does he refer to the law as it is ‘currently written’?

Why would any normal person make comments like this Councilman has? Is the Councilman homosexual? Or is he under pressure by some homosexual group?


26 posted on 10/23/2014 3:24:16 PM PDT by Hostage (ARTICLE V)
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To: heartwood

We are gathered here today to join together two depraved and godless fudge packers.....


27 posted on 10/23/2014 3:27:13 PM PDT by taxcontrol
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To: heartwood

The 2 percenters “must” force YOU to accept, promote, and endorse, their behavior, in order to RECRUIT YOUR KIDS!!

Over 80% of homosexuals were sexually abused as children.

THAT is how they recruit.


28 posted on 10/23/2014 3:36:07 PM PDT by G Larry (Amnesty imposes SLAVE WAGES on LEGAL immigrants & minorities)
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To: SeekAndFind

The California Transplants are turning Coeur d’Alene into their little West Hollywood!


29 posted on 10/23/2014 3:53:36 PM PDT by america-rules
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To: SeekAndFind

Somewhere in this great land of ours an entrepreneur is setting up the Rainbow Cake Company: “Cake you can have up yours, and eat it, too!”


30 posted on 10/23/2014 3:53:49 PM PDT by Fester Chugabrew (Even the compassion of the wicked is cruel.)
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To: heartwood

I don’t understand why mutual respect and civility cannot prevail in these situations. Nevermind the moral argument for a moment.

Homo couple: “can you perform a homo wedding for us?”

Christian Minister:”I understand your desire to seal your union however my religion dictates I cannot be apart of it. I wish you no ill will and a happy life”.

Homo couple: “I understand your position as it is not a view held by a small fringe of society and respect your decision not to participate. I appreciate the well wishes.”

The Christian doesn’t compromise his beliefs.
The homo couple doesn’t become a law bully.
Other businesses get the opportunity to to make money from the homo union.
More importantly it keeps judges from making decisions that become permanent irrespective of the ballot box.

I realize this will never happened because in the scenario above there is no group to exploit for political gain or something to scare peoples money out of their pocket.


31 posted on 10/23/2014 4:10:48 PM PDT by TheArizona
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To: SeekAndFind

I was planning on going there to remember the 1969 National Scout Jamboree next summer but Coeur d’Alene is off the list. Guess they’ll have no trouble getting money from other tourists.


32 posted on 10/23/2014 4:58:41 PM PDT by Sequoyah101 (Obola brought to you by demorats. Hope you like your Change and live to tell it.)
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To: TheArizona

Common sense and civility. Tolerance of differences.

Why settle for so little when you can have lawsuits and a totalitarian state instead?


33 posted on 10/23/2014 5:14:53 PM PDT by heartwood
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To: SeekAndFind

34 posted on 10/23/2014 5:20:38 PM PDT by CodeToad (Islam should be outlawed and treated as a criminal enterprise!)
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To: SeekAndFind

The US Constitution protects their religious freedom.


35 posted on 10/23/2014 6:23:03 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: SeekAndFind

They shouldn’t have to do this. Freedom means freedom, religious organization or not.


36 posted on 10/24/2014 3:08:26 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: heartwood

The odd thing is that no one seems to understand (well, at least the gays don’t), the maxims of law.

“An act done against my will is not my act”...

this is a fundamental part of law since at least the Magna Carta...


37 posted on 10/24/2014 3:18:10 AM PDT by djf (OK. Well, now, lemme try to make this clear: If you LIKE your lasagna, you can KEEP your lasagna!)
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To: heartwood

Indeed. That may be why no same-sex couple has actually requested a wedding at the chapel in question. The chapel seems to be jumping the gun.


38 posted on 10/24/2014 9:30:12 AM PDT by Kahonek
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