Isn’t this an easy case of free exercise violation? Assuming that states do not need to recognize same sex marriages as a matter of federal equal protection law, and do not need recognize church-recognized same sex marriages as vaild for state purposes (though the state would still recognize church authority to perform opposite-sex marriage), can the state ban a church from performing a religious marriage ceremony?
-- Prof. Steven D. Jamar vox: 202-806-8017 Director of International Programs, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://sdjlaw.org "Education: the path from cocky ignorance to miserable uncertainty." Mark Twain
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