An extremely interesting — and potentially highly important — twist came Monday in the ongoing culture wars over religious liberty.
New York Times religion writer Michael Paulson reports:
In a novel legal attack on a state’s same-sex marriage ban, a liberal Protestant denomination on Monday filed a lawsuit arguing that North Carolina is unconstitutionally restricting religious freedom by barring clergy members from blessing gay and lesbian couples.
The lawsuit, filed in a Federal District Court by the United Church of Christ, is the first such case brought by a national religious denomination challenging a state’s marriage laws. The denomination, which claims nearly one million members nationwide, has supported same-sex marriage since 2005.
“We didn’t bring this lawsuit to make others conform to our beliefs, but to vindicate the right of all faiths to freely exercise their religious practices,” said Donald C. Clark Jr., general counsel of the United Church of Christ.
The denomination argues that a North Carolina law criminalizing the religious solemnization of weddings without a state-issued marriage license violates the First Amendment. Mr. Clark said that North Carolina allows clergy members to bless same-sex couples married in other states, but otherwise bars them from performing “religious blessings and marriage rites” for same-sex couples, and that “if they perform a religious blessing ceremony of a same-sex couple in their church, they are subject to prosecution and civil judgments.”
The relatively brief Times story quotes Evan Wolfson, founder and president of Freedom to Marry, which supports same-sex marriage:
“In their zeal to pile on to denying the freedom to marry, North Carolina officials also put in place a measure that assaulted the religious freedom that they profess to support by penalizing and seeking to chill clergy that have different views,” Mr. Wolfson said. “The extent to which North Carolina went to deny the freedom to marry wound up additionally discriminating on the basis of religion by restricting speech and the ability of clergy to do their jobs.”
The report also quotes a same-sex marriage opponent (the same one used by The Associated Press):
But Tami Fitzgerald, executive director of the North Carolina Values Coalition, which opposes same-sex marriage, derided the legal action as “the lawsuit of the week filed by those who want to impose same-sex marriage on North Carolina.”
“It’s both ironic and sad that an entire religious denomination and its clergy who purport holding to Christian teachings on marriage would look to the courts to justify their errant beliefs,” Ms. Fitzgerald said in a statement. “These individuals are simply revisionists that distort the teaching of Scripture to justify sexual revolution, not marital sanctity.”
Here’s what I find intriguing: If North Carolina can tell clergy that they can’t perform same-sex marriages (regardless of whether the state recognizes them), what’s to prevent states that allow gay weddings from telling clergy that they must perform them? The values coalition source doesn’t seem to answer that direct question.
In a front-page Charlotte Observer story on the lawsuit, religious conservatives also address the rightness/wrongness of same-sex marriage itself: