We've believed the answer is probably "no". But in the LA Times last summer the lawyers for a presbyterian minister who is under trial (in church courts) for performing a same-sex wedding against church law, is arguing the law can pressure clergy who refuse to perform same-sex weddings:
Spahr's trial, which will be held in Napa, begins less than three weeks after a federal court judge ruled that California's ban on same-sex marriage is unconstitutional. And it underscores the awkward position in which changing civil law places many clergy members.
Although the Presbyterian constitution does not explicitly prohibit same-sex marriage, it defines marriage as "a civil contract between a woman and a man." But same-sex marriage is legal in five states and the District of Columbia and is working its way through the courts in California.
"More and more ministers are going to be put in a position where their church members are going to come to them asking for a wedding, and they're going to have to say yes," said the Rev. Beverly Brewster, Spahr's defense attorney. "Not to do so would violate many constitutional provisions about non-discrimination in pastoral care."
5 Comments
This is not a legality issue. It is a church's right to punish their own clergy based on their own religious beliefs no matter what issue it relates to.
You want to take away a church's right to practice whatever doctrine they see fit? Surely you don't think this is Constitutional.
Can Christian Clergy be charged with a crime for refusing to perform a religious wedding ceremony for a Jewish couple or can a Rabbi be charged with a crime for refusing to perform a wedding ceremony for a Christian couple?
No
Can a Catholic Priest be charged with a crime for refusing to perform a wedding ceremony for a divorced couple?
No
Does a religious wedding ceremony confer any of the 1138 federal or state rights of marriage?
No
Does a state-issued marriage license signed, witnessed and filed with the state confer the 1138 federal and state rights of marriage?
Yes
Have the courts across America from 1971 on ruled that a religious wedding ceremony is not legally valid without a state-issued signed, witnessed and filed marriage license?
Yes
Does NOM really want to enact their Final Leviticus Solution to the Homosexual Problem and kill all gay, lesbian, bisexual and transgender people, which is why you quote the bible to justify your bigotry?
Absolutely as you displayed this sign during your summer tyrannical theocRAT tour
http://www.bilerico.com/2010/07/gay-hate-sign.jpg
Jessica wrote: "Does NOM really want to enact their Final Leviticus Solution to the Homosexual Problem and kill all gay, lesbian, bisexual and transgender people, which is why you quote the bible to justify your bigotry?"
Gee, Jessica, I must have missed where NOM supports that. Can you point me to point me to where NOM has stated that it supports such a "solution" or is that just a slanderous statement fabricated by you in your ongoing efforts to villify NOM and spread your gospel of hate?
What do you have against the Bible, Jessica?
I find it increadibly telling that it's one of the Christians' own people that are challenging the Church doctrine on gay marriage. Not gays and lesbians. Nope. Christians. And not only some lay Christians: a minister. Why am I reminded of the case in Canada where in fact, the polygamous Mormons (yes, the same ones who fought so hard to take away the rights of gays and lesbians) are the ones challenging the constitutionality of federal laws banning polygamy (and not the gays and lesbians...)
Personally, as an atheist, I honestly couldn't care less what the church has to say on the matter. Churches have always been homophobes and retrogrades: you just have to take it or leave it. I made my choice. But it's still heartening that some brave souls are working to bring this institution at last out of its 4th century shackles. Perhaps THEN it will have a shot at being the tolerant and loving institution it claims to be.
It's against all of christianity to mary hoomosexuals in the church and to make us is against our freedom of religion. Also homophobs makes us sound afraid which we are not really we simply don't agree.