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Ruling a victory for religious liberty
Joe Stutler
Jul. 8, 2015 1:05 am
To the editor:
Since the Supreme Court issued its ruling in the Obergefell v. Hodges case affirming same-gender marriage rights, some politicians and pundits have claimed religious liberty is threatened in our nation. Mike Huckabee, Bobby Jindal, Ted Cruz, and others have been imitating Chicken Little. 'Religious Liberty Is Falling!,” they cry.
That's simply not true. The decision has no adverse impact on any religious institutions or clergy. Instead, it's a victory for religious liberty.
Now religious institutions may host marriages, and clergy may solemnize marriages according to their beliefs, from sea to shining sea. Here's why this is the case.
One - Our Constitution's First Amendment contains the Establishment Clause. Government cannot compel clergy and religious institution to participate in any marriage, nor may they prevent them from participating in marriages according to their faith.
Two - Our Constitution's 14th Amendment contains the Equal Protection Clause, requiring the government to apply laws equally to all people.
Three - The Obergefell decision held that states must issue a marriage license to same-gender couples and must recognize same-gender marriages from other states. It places no requirement on faith leaders or religious institutions.
Four - Iowa's Marriage statute says 'Who May Solemnize” weddings. No 'must” or 'shall,” just 'may.”
Five - Iowa's Civil Rights statute doesn't apply to 'bona fide religious institutions.”
Religious liberty is strengthened by this ruling. Those who tell you otherwise are either ignorant of the law or lying to you.
And, last time I checked, lying is a sin.
Rev. Joe Stutler
Marion
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