Commentary

Asheville judge and former magistrate explains folly of Berger’s separate-but-equal marriage bill

If you didn’t get your paper this morning because of the snow, be sure to click here to check out Asheville judge Perry Dror’s op-ed on the state Senate’s latest marriage discrimination proposal in Raleigh’s News & Observer.  As Dror explains:

I understand that some magistrates have felt deep concern about whether they should marry same-sex couples based on their sincere religious convictions. Some have even gone so far as to resign.

But any magistrate who resigns over “religious objections” to performing same-sex marriages is confusing a magistrate’s responsibility to conduct civil marriage ceremonies with a member of the clergy’s ability to sanctify a marriage.

Magistrates don’t sanctify marriages, and never have. We perform civil ceremonies, and we shouldn’t have the ability to deny that service to anyone, regardless of their sexual orientation, race or religion.

The U.S. Constitution protects the free exercise of religion and ensures that no clergy member would ever be forced to sanctify a marriage with which they disagree. Under the law, no church can be compelled to perform a marriage that falls outside their faith tradition.

But government is different. Public officials should treat everyone equally under the law. Our oath demands it.

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