A coalition of clergy members is challenging North Carolina’s constitutional ban on gay marriage with an unusual approach: They’re filing a federal lawsuit that contends that the ban violates their First Amendment religious freedom rights.
The clergy members said in the lawsuit filed Monday that they would like to perform same-sex marriage ceremonies in their congregations but can’t because of the “unjust law.”
The lawsuit is one of dozens that have been filed in the wake of the Supreme Court’s reversal of the Defense of Marriage Act last year. Since then, several states have challenged the legality of their same-sex marriage bans. But this is the first to use the First Amendment protection of freedom of religion as the basis for the challenge.
“North Carolina’s marriage laws are a direct affront to freedom of religion,” said the Rev. J. Bennett Guess, executive minister with the Cleveland-based United Church of Christ, which is a plaintiff in the lawsuit. “We feel that it is important that any person that comes into community life of a United Church of Christ congregation be afforded equal pastoral care and equal opportunity to religious services that clergy provide.”
But in North Carolina, clergy are often faced with a troubling decision — “whether to provide those services or break the law,” Guess said. “That’s something no clergy member should be faced with.”
Along with the United Church of Christ, which has more than 1 million parishioners across the country and over 50,000 in North Carolina, a dozen clergy members and same-sex couples were listed as plaintiffs. The defendants included North Carolina Attorney General Roy Cooper and several county district attorneys as well as five registers of deeds. Continue reading “Marriage equality = religious freedom”