Traditional marriage backers urge registers of deeds to follow their conscience
One of the groups that fought to pass an amendment to the state constitution that had the effect of banning same sex marriages has circulated a legal memo saying that registers of deeds and their staffs cannot be forced to issue marriage licenses that conflict with their religion.
"There are statutory and constitutional protections available for any Register of Deeds or staff member whose strongly held religious beliefs would make them refrain from issuing marriage licenses to same sex couples," Tami Fitzgerald, executive director of the North Carolina Values Coalition, wrote in an email Friday. "They can claim their First Amendment right not to violate their religious beliefs."
The memo was drafted by Alliance Defending Freedom, although it was not attributed to a specific attorney or other individual. According to the group, it was founded in 1994 and "has made a significant impact for God’s Kingdom through its winning legal efforts to preserve religious freedom for people of faith."
In its memo, the group offers legal help to registers of deeds who feel they are being forced to act contrary to their conscience.
"The full legal impact of the Fourth Circuit’s decision,
scotty cameron putters, including whether it undermines other traditional restrictions on marriage, like bigamy or consanguinity,
mizuno mp 54, is not yet known," reads the memo. "Some registers of deeds might believe that they face a serious dilemma: either resign their positions or violate their sincerely held religious or moral beliefs about marriage by being forced to issue marriage licenses to relationships inconsistent with those beliefs. But registers of deeds, as explained herein, can resolve this potential conflict."
The memo specifically suggests appointing a deputy within the office to handle marriage licenses when such a conflict arises.
Chris Sgro, executive director of Equality NC, a group that opposed the marriage amendment and helped push for its defeat in the courts, said a pair of federal court orders "enjoins both the state and those employees from enforcing Amendment One in any way."
He described the Alliance’s memo as "intentionally misleading," pointing to a directive on the topic issued to magistrates by the state’s Administrative Office of the Courts earlier this week.
"I don’t believe there’s a reasonable legal argument to be offered on not conducting marriages,
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ACLU state legal director Chris Brook said opponents of same sex marriage have tried the same gambit unsuccessfully in other states. is because, in the words of Justice (Antonin) Scalia, writing for the court majority in Employment Division v. Smith, Court jurisprudence has consistently held that the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes),’" Brook explained to WRAL News. Constitution, now definitively interpreted in North Carolina to allow the freedom to marry."
"As Governor McCrory and other officials have made clear," Brook wrote, "Federal courts have agreed that the 14th Amendment’s guarantee of equal protection under the law for all citizens includes the right of gay and lesbian citizens to marry the person they love. The law is clear, and all state officials are bound to respect it."
"This has nothing to do with personal religious beliefs," added Sgro. "I fully support individual’s rights to their beliefs. This is about doing a job. Good, hardworking North Carolinians know that every job has requirements. These are state employees, and it is their job to issue licenses to same sex couples and conduct same sex marriages the same as they would for opposite sex couples."
That NOT TRUE, That is just another Scare tactic by The Communist Left.
My Wife had a Good Idea, Why don they set up at the State Fair a Place to Sign up and to get a Photo ID. I work at the Catholic Food Bank and the Liberals are in There every day signing people up, but I don see a camera there the Give them a Photo ID
If democrat wouldn get caught Cheating almost every Election this wouldn be going on. Posted by bmac813
not right forum, but please show me ONE instance where a democrat has gotten got cheating that has been proven accurate.
If a register of deeds conscience will not permit him/her to issue a marriage license then they should resign. It is not proper to force one religion down another throat,
callaway x2 hot, particularly when one is a public official and there is no religious test to hold office.
HOW IRONIC: SSM WAS FORCED DOWN OUR THROATS!! Posted by ralnc
I am so sorry that someone has forced you to enter into a Same Sex Marriage against your will. My deepest apologies. If that is NOT the case, then please explain to me how it was "forced" down your throat.
Lefties have become so anti Christian that they would rather that 5000 Christians be offended over the lack of a pregame prayer, than have 1 atheist be offended because of it! Posted by veryfrustrated1
It has nothing with being Anti Christian. A good number of Liberals, including myself, are Christian. The difference is that I don think it right for me to use my personal beliefs to control other people lives. I don want to make anyone else pray the way I do,
odyssey putters, believe the way I do or act upon their beliefs the way I do. This whole SSM argument is a prime example of the Christian right trying to use their beliefs to control the behaviour of others and it incredibly conceited. The best analogy I have seen is not letting anyone else have a doughnut because you are on a diet. Trying to pass laws based on your specific reglious beliefs is no different than a Christian version of Sharia Law. And homosexual behaviour happens enough in nature that it has been used as reasoning in a SCOTUS ruling. You can say it unnatural all you want, but nature disagrees with you.
The USCon doesn give any rights to any person. Rights are "bestowed by our Creator". The purpose of the USCon is to set limits on what existing rights government can curtail.
Further, if nothing is in the USCon per a particular topic, the jurisdiction over that topic is left to the States (Amend 10). However, all State Laws must abide by the USCon (Supremacy Clause).
In the case of SSM, the Fed Courts has found that laws banning such acts are in violation of the Amend 14 (Equal Protection Clause).
Which brings us to your point: "I just wish you all [the left] would read it as it was written". I point out that "reading" and "comprehension" are two different things. Posted by krimson
unfortunately you cons always forget "Interpretation" and thus create your own "Interpretation" of this as well as the 2nd Amendment!