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.
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.
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The clerk can uphold the law by having another person issue the license.
As for your examples. Christians do not judge the inward beliefs of others. Even so, if two atheists want to marry (and they are a man and a woman) they are still potential Christians.
But homosexuality is an abomination to God and marriage was, in fact, instituted by God to represent Christ and the Church. No Christian can or will condone sodomite marriage.
“Shall Issue” is not a religious issue. God never said don't buy weapons - the comparison is false.