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Clerks 'protected' from 'gay' marriage license demands
Taylor Hudson
The threats against clerks in New York who on the basis of their religious faith may object to issuing "marriage" licenses to same-sex duos already have begun, with an intimidating pronouncement from Nassau County District Attorney Kathleen Rice.
Rice said, "The Marriage Equality Act provides that an application for a marriage license cannot be denied on the grounds that the applicant parties are of the same sex and the law affords no discretion to public officials charged with granting marriage licenses. Therefore, any such refusal may be subject to criminal prosecution."
But she may not have the last word, as a memorandum from the Alliance Defense Fund has explained that the state itself has certain protections for sincerely held religious beliefs.
According to the new advisory, "New York law does protect an employee's sincerely held religious beliefs. New York's Human Rights Law requires employers to accommodate those beliefs, unless it places an undue hardship on the employer. And because New York law explicitly allows a municipality to delegate a clerk's duties concerning marriage licenses to a deputy clerk or any other municipal employee, a city or town should have no reason to deny a clerk's request for an accommodation."
July 20, 2011