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Clerks 'protected' from 'gay' marriage license demands

Taylor Hudson

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Legal team says officials cannot be forced to violate faith

 

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.

How does the nation get into this condition? Read "The Marketing of Evil: How Radicals, Elitists, and Pseudo-Experts Sell Us Corruption Disguised as Freedom"

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."

The battle of words developed when the state legislature and governor combined to create a law designating "marriage" for same-sex duos. It is to take effect in days.

In preparation for the new law, Rice issued her threat.

"The religious exemptions in the Marriage Equality Act are inapplicable to town and city clerks serving in their license-granting roles, and a public official's intentional refusal to issue marriage licenses to qualified same-sex couples may constitute Official Misconduct, a Class A misdemeanor defined in section 195.00 of the New York State Penal Law," she warned.

"I am confident that public officials in Nassau County will comply with the law and my office is prepared to offer any assistance necessary to ensure that same-sex couples have access to marriage licenses without issue."

Slow down, said the ADF.

Its memo said, "Municipal clerks who have a sincerely held religious belief that prevents them from issuing marriage licenses to same-sex couples have the right to request an accommodation from their governing bodies."

The state law is "a legislative expression of the high value that our State places on supporting and protecting [religious diversity] and in prohibiting invidious discrimination based on religious choice," the analysis said.

The statute "ensures that no citizen will be required to choose between piety and gainful employment, unless the pragmatic realities of the work place make accommodation impossible."

In the advisory to clerks and other officials, ADF said, "If a municipality refuses your request, you should immediately contact the Alliance Defense Fund, and we will review your situation and advise you on your right to pursue an accommodation through litigation."

ADF Senior Counsel Brian Raum said no one "should have to choose between their religious beliefs and their job."

"The law – and New York's highest court – affirms this fundamental principle of freedom," he said. "It's outrageous that officials are threatening criminal prosecution for clerks who exercise their lawful right to delegate the issuing of same-sex 'marriage' licenses, especially when the law requires the accommodation of their religious beliefs. We encourage all clerks to affirm their rights under New York State law."

Attempts to enact same-sex "marriage" have been turned back in every state in which voters have had a chance to choose. But the issue won't go away, as courts have opened the door in several states, including Iowa. There, voters reacted by firing three of the state Supreme Court justices who ruled in favor of expanding the traditional definition of marriage.

WND has reported that in Washington state, homosexual activists are demanding the names of citizens who signed a petition seeking to protect traditional marriage in order to arrange "uncomfortable" conversations with them.

In California, the dispute remains pending before the state Supreme Court and the 9th U.S. Circuit Court of Appeals after a homosexual judge determined that a voter-approved state constitutional amendment limiting marriage to one man and one woman violated his civil rights.

 

July 20, 2011