NOM BLOG

Maine Notaries Already Resigning After Being Told to Perform S-S Ceremonies or Risk Human Rights Lawsuits

 

Bangor Daily News:

Notaries public in Maine who officiate weddings of opposite-sex couples and refuse to marry same-sex couples could be subject to a claim of discrimination under the Maine Human Rights Act, according to the Maine secretary of state’s office.

The notice sent to municipal clerks this week effectively means an all or none approach for notaries public when it comes to performing weddings.

...The email clarified for notaries public whether they would be required to perform same-sex weddings when the new law allowing gay couples to marry goes into effect Dec. 29. The Bangor Daily News was provided a copy of the email by the Bangor city clerk’s office.

“If you are a Notary Public who performs marriages and you refuse to perform a marriage for a couple due to a person’s race, color, sex, sexual orientation, physical or mental disability, religion, creed, age, ancestry or national origin, you may be subject to a claim of discrimination.’’ Beaudoin wrote. “The new law authorizing same-sex marriage does not provide any exemption from liability for Maine Notaries who refuse to perform marriages for same-sex couples.”

There are about 25,000 notaries public licensed by the Bureau of Corporations, Elections and Commissions, a division of the secretary of state’s office, Barbara Redmond, who works in the bureau, said Wednesday in a phone interview.

... After the referendum allowing same-sex couples to marry was passed by voters on Nov. 6, a few notaries called the secretary of state’s office with questions about how the new law applied to them, Redmond said. A handful resigned.

19 Comments

  1. Son of Adam
    Posted December 17, 2012 at 11:28 am | Permalink

    Yet another example of how SS"M" doesn't affect anybody!

  2. NotALibertarian
    Posted December 17, 2012 at 11:49 am | Permalink

    So anyone who strongly sympathizes with traditional Christianity is being purged from civil service. Government bureaucrats were already becoming an army of apparatchiks with no use for the First Amendment. They run DC, which is why "God" and references to Christianity are being scrubbed from historic relics in our nation's capital.

    SSM is a "religious test" that insures that all levels of the government will be run by non-religious people. Guess what happens next?

  3. OvercameSSA
    Posted December 17, 2012 at 11:56 am | Permalink

    Strange times we live in where an express Constitutional right, i.e., the freedom to practice one's religion, is overpowered by a conjured up "right" by a new law.

    Can one of the homosexualists here explain how a law should override the Constitution?

  4. Zack
    Posted December 17, 2012 at 12:51 pm | Permalink

    So the first amendment means nothing in the eye's of the cultural left. I always knew this, but I didn't think they wanted to push it this far.

  5. Duncan
    Posted December 17, 2012 at 1:03 pm | Permalink

    1st amendment is freedom 'of' and 'from' religion. You have a license from the state, you obey the rules.

  6. Sean
    Posted December 17, 2012 at 1:48 pm | Permalink

    You can't be a public official and refuse to obey the law. There are plenty of other positions that would be more suitable for you if you have a religious objection to doing your job.

    Freedom of religion doesn't mean you have a right to keep your job if you won't obey the law and that's pretty much your entire job.

    We're talking about public officials performing a legal transaction that is in accordance with State law. How could a notary pulbic think for a moment that they would just be able to decide "oh I don't feel like following that law" and keep their job.

  7. Barb Chamberlan
    Posted December 17, 2012 at 1:50 pm | Permalink

    The goal for the socialists is to do away with the Constitution altogether and replace it with a United Nations Nanny-State Charter. So far they're doing a fine job.

    Will we let them turn our great country into a UN bureaucracy? Will shall see.

  8. Takahiro Hiroi
    Posted December 17, 2012 at 2:36 pm | Permalink

    Now, people who used to claim that SSM would not affect others should repent of telling a lie. This nation seems to be going staight to hell by legalizing SSM. The fact that marriage is between a man and a wife was so obvious that even the Constitution does not have to mention. This is a perfect example that sick people can twist anything natural.

  9. Will Fisher
    Posted December 17, 2012 at 2:42 pm | Permalink

    So the Bangor Daily News can only find one notary out of some 25,000 statewide who has a hypothetical concern about the new law and his religious based objections to SSM. I say hypothetical because he's 78, so he's probably been a notary public for decades and he's never even been asked to do a wedding. In any case he serves as a function of the state, not his church.

  10. LonesomeRhoades
    Posted December 17, 2012 at 2:59 pm | Permalink

    Homosexuality is a perverse lifestyle choice.
    Homosexual marriage is a fraud and consequently an impossible situation.
    It is unnatural and sin.

  11. OldKingBlog
    Posted December 17, 2012 at 3:05 pm | Permalink

    Actually, Will, that notary serves TWO functions: first and foremost, his job as a public official is to preserve and uphold fundamental human institutions like traditional marriage. Being a fundamental human institution, the preservation of traditional marriage trumps ideologically-contrived legal fictions like so-called same-sex marriage. And secondly, his job as an American public official is to ensure the preservation of these fundamental institutions in American society as well. Capiche?

  12. Susan Rosenthal
    Posted December 17, 2012 at 3:09 pm | Permalink

    Notaries public are licensed by the state, and they have to follow state laws. If they choose to officiate weddings, they must serve everyone according to the law. If they do not want to do this, then they need to stop officating at weddings.

  13. Will Fisher
    Posted December 17, 2012 at 4:16 pm | Permalink

    @OldKingBlog: actually, the notary's primary function is witnessing transactions involving signatures on documents (wills, power of attorney, real estate transactions, etc.). In Maine (as in Florida and South Carolina), Notaries may officiate weddings, but they are not require to do so. Weddings are NOT a primary function of a notary public. One notary featured in the article has never officiated a wedding. The other one does 30 or so a year because she is the deputy city clerk (and she has objections of SSM). Capiche?

  14. OldKingBlog
    Posted December 17, 2012 at 11:25 pm | Permalink

    Earth to Susan: Nonsense. A notary, like all public officials, has the duty to uphold all fundamental human institutions, in this case, traditional marriage, which means he or she MUST refuse to perform so-called same-sex "marriages." And this duty trumps any and all state laws that seek to remake such instiutions into legal fictions to serve the ideological pipe dreams of those who have confused cultural deterioration with freedom. If I were a notary, I would not blink my eyes at refusing to "marry" a same-sex couple and would continue to proudly perform opposite-sex weddings. Your and your side's ideological fantasies have no real moral force no matter how "legal" they may be. They are merely intellectual rubble left over from the "anything goes" days of the Sixties...

  15. Zack
    Posted December 18, 2012 at 12:32 am | Permalink

    It doesn't matter what the law says. People of faith should be allowed to run their businesses according to their beliefs.

    And no this is NOTHING like the old racist Democrats who FORCED segregation unto business owners irregardless of what they thought about those issues.

  16. FemEagle
    Posted December 18, 2012 at 1:52 am | Permalink

    **You can't be a public official and refuse to obey the law*

    Oh, really? Former San Francisco Mayor Gavin Newsom did, when he violated state law and started handing out marriage licenses to gays in 2004, which is what started this whole gay-marriage farce in the first place. He decided that his will overrode the will of the people of California, who had voted to ban gay marriage, and golly, what happened to him? Nothing. When state lawyers tried to get him prosecuted, the judge they approached refused to do anything about it, also in violation of the law. (That judge, by the way, turned out to be gay, which didn't cloud his judgement in the LEAST, I'm sure). And Newsom is now the lieutenant governor of California. Which just goes to show - in the corrupt halls of what passes for California government, you can get away with anything - as long as you're nice to the gay community.

  17. FemEagle
    Posted December 18, 2012 at 1:54 am | Permalink

    **You can't be a public official and refuse to obey the law.*

    Oh, really? Former San Francisco Mayor Gavin Newsom did, when he violated state law and started handing out marriage licenses to gays in 2004, which is what started this whole gay-marriage farce in the first place. He decided that his will overrode the will of the people of California, who had voted to ban gay marriage, and golly, what happened to him? Nothing. When state lawyers tried to get him prosecuted, the judge they approached refused to do anything about it, also in violation of the law. (That judge, by the way, turned out to be gay, which didn't cloud his judgement in the LEAST, I'm sure). And Newsom is now the lieutenant governor of California. Which just goes to show - in the corrupt halls of what passes for California government, you can get away with anything - as long as you're nice to the gay community.

  18. Duncan
    Posted December 18, 2012 at 10:21 pm | Permalink

    OldKing: here are the *requirements* of notaries public in Maine:
    8 years of age
    Resident of Maine or resident of adjacent state and be regularly employed or conduct a trade or business in Maine

    Demonstrated proficiency with English language
    Not convicted of crime punishable by imprisonment of one year or more, or of lesser offense incompatible with duties of a Notary during 10 years preceding date of application for new/renewed commission

    Not had a Notary commission revoked for official misconduct in Maine or any other jurisdiction in five years preceding date of application

    Hmmm....nothing about what you state. You might want to check out this for a quick overview....http://en.wikipedia.org/wiki/Notary_public#Maine

    In fact, in many states, almost anyone can, with state approval solemnize a marriage ---some do it just once for a good friend or family member.

  19. Chairm
    Posted December 20, 2012 at 6:46 am | Permalink

    Taken at face value, your comment, Duncan, shows why it would be unjust to require notaries to officiate or witness SSMs.

    Absolutism is a weakness of SSM argumentation and so the totalitarian impulse does not surprise in the aftermath of SSM imposition.

    On the other hand, SSM is not actually marriage but a falsehood that, at best, is presented as metaphorical marriage. T is not marriage but it may be superficially marriage-like.

    The conflict is between the SSM idea and the marriage idea. Notaries ought to be free to decide for themselves as free citizens of this pluralistic society.