Commentary

UPDATE: Legislative briefing on “religious freedom” bill postponed

Gay prideThe closed-door meeting to discuss the new “religious freedom” bill has been postponed, according to an email sent out by the North Carolina Values Coalition. The organization claims that they received an “overwhelmingly positive” response to the meeting and have had to reschedule out of concern that the facility could not accommodate the crowd.

Unfortunately, postponement of the meeting will be unlikely to slow down the momentum of the “religious freedom” crusade. This morning, Senate leader Phil Berger introduced a “religious freedom” bill allowing magistrates and registers of deeds to be exempt from performing their duties if it violates their religious beliefs.

The bill attempts to be impartial on its face. It allows magistrates and registers of deeds to recuse themselves from their duties if they are asked to perform an act that goes against their religious beliefs but then also prevents them from performing any of their duties for the following six month period. In other words, they won’t be allowed to pick and choose which marriages to perform. The bill adds that there must be a magistrate available to perform marriages for at least ten hours a week over three business days. While all this may seem fair in theory, the reality is that, in many places in North Carolina, finding a magistrate willing to perform same-sex marriages and a register of deeds willing to sign the marriage license under such circumstances could be difficult. Adding to the burden for couples, will be trying to get in during the small window of time three days a week that these officials will be available. The overall result will be that LGBT couples will have a much harder time getting married if this bill is passed—the exact effect that was intended.

The North Carolina Values Coalition has indicated that they plan to seek much broader anti-LGBT legislation, than this bill. On the other side, Equality NC has also indicated that they fear additional legislation that will provide a broader license to discriminate.

The absurdity of the bill itself was pointed out by State Senator Jeff Jackson, during Equality NC’s press conference held today in anticipation of the bill’s introduction and the legislative briefing originally scheduled for this afternoon. As Jackson rightly observed, “in this nation, we don’t have to pass any government employee’s personal religious test in order to receive government service.” Apparently, Senator Berger missed that lesson in civics.

One Comment


  1. Robbie Beck

    January 29, 2015 at 12:13 pm

    I think they are confusing the desire of lots of interested folks to attend this meeting with an “overwhelmingly positive” response. The initial response was that if this is a meeting in which policy is discussed, then it should not be closed to the public, and given the likely subject matter, it was not going to be discussed without debate that includes more than one perspective.

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