Religious Group Files a Beautifully Trolly Lawsuit Against North Carolina's Gay Marriage Ban

[onehandle]

Same-sex marriage bans have faced a number of legal challenges over the years, but a new lawsuit from the United Church of Christ is apparently the first challenge in the courts to invoke religious liberty. The suit will ask a district court in North Carolina to strike down the state's laws barring same-sex marriages, in part because a provision that makes it a misdemeanor for clergy to perform the ceremonies violates the church's religious freedom. A number of same-sex couples have also joined the suit, petitioning for the right to marry.

This is the 66th challenge to a same-sex marriage ban currently making its way through the courts, as the Charlotte Observer explains. It joins many of those other challenges in also citing the equal protection and due process provisions of the Fourteenth Amendment in its challenge against state laws. The suit reads:

"By denying same-sex couples the right to marry and prohibiting religious denominations even from performing marriage ceremonies for same-sex couples, the State of North Carolina stigmatizes same-sex couples, as well as the religious institutions and clergy that believe in equal rights."

Attorney John Martel said in a statement that “marriage performed by clergy is a spiritual exercise and expression of faith essential to the values and continuity of the religion that government may regulate only where it has a compelling interest.” In other words, a North Carolina law that makes it a misdemeanor to perform a same-sex marriage ceremony violates the religious freedom of clergy members who believe those unions are an expression of faith. In other other words, conservative opponents of same-sex marriage aren't the only religious people in the country.
This is something that has been thoroughly demonstrated in North Carolina, where religious leaders organize Moral Monday protests against policies enacted by the state legislature. The UCC is joined by other clergy members in bringing this challenge, including a North Carolina Rabbi, a Baptist minister, and a handful of Unitarian Universalist churches. A number of couples seeking to marry also joined the suit.

http://news.yahoo.com/religious-group-files-beautifully-trolly-lawsuit-against-north-202953258.html

[JoePhilly]

1. They should also point out it takes a Sharia Law and makes it a State Law.

That would really freak out the right wing whack jobs.

[Dustlawyer]

5. Excellent idea! Brilliant even! I am going to use to make some Texas Tea Party heads explode!

[DeSwiss]

2. Absolutely perfect!!!

- Using the homophobic fruitcake's and religiously judgmental asshole's religious freedom arguments against them in this way is a stoke of genius.



K&R

[charlives]

3. This makes me happy,

I would sooooo join this church if I was christian, or religious.

[Coventina]

4. I have often thought the same. UCC is a very liberal, forward thinking denomination.

[Ms. Toad]

6. Not the first time

As I posted in the similar thread yesterday:

A subgroup of the faith group I am part of (which married my partner and I in 1994) played a role in two amicus briefs. The Windsor case & currently the Kitchen v. Herbert case in Utah. I have not looked at the N. Carolina case, but I would be surprised if it did not cite one or both of our briefs.

Windsor: http://freemarry.3cdn.net/194d6f6342606d0ef5_ohm6bh11a.pdf
Kitchen v. Herbert (Utah) http://www.nclrights.org/wp-content/uploads/2014/03/2014.03.04.-Episcopal-Diocese-of-UT-Other-Religious-Orgs-Amicus.pdf

(I played a small role in both of those briefs, as part of the reviewing committee for one of the faith groups)

I do find it offensive that the caption describes the lawsuit as "trolly." Was it "trolly" when many of the same faith groups married (and fought for legal recognition of) mixed race couples?