The question could become, though, whether a minister can refuse to marry people on the grounds that they are from different races and still retain the right to marry others -- and whether, if the state can so condition the right to conduct marriages, are same-sex marriages more like race or more like differences of faith?
This raises another interesting twist on legislative power in this area of freedom of religion, doesn't it?
On Tuesday, March 15, 2005, at 12:41 PM, Anthony Picarello wrote:
I've heard (and made) the related argument that, although the government is very unlikely actually to force ministers to perform same-sex marriages, the government may well force ministers to choose between performing same-sex marriages and being stripped of the government function of licensing civil marriages.--
Evidence of this possibility is the fact that Massachusetts is already forcing this very choice on its Justices of the Peace.
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8428
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar
"I have nothing new to teach the world. Truth and nonviolence are as old as the hills."
Gandhi
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