Katherine Franke, Kara Loewentheil and their team put together an analysis of this issue late last year. It's available here:
http://web.law.columbia.edu/sites/default/files/microsites/gender-sexuality/prpcp_marriage_exemptions_memo_nov_5.pdf On Jun 11, 2015, at 9:28 PM, Marty Lederman <lederman.ma...@gmail.com<mailto:lederman.ma...@gmail.com>> wrote: The North Carolina legislature just passed this legislation over the (Republican) governor's veto: http://www.ncga.state.nc.us/Applications/BillLookUp/LoadBillDocument.aspx?SessionCode=2015&DocNum=5074&SeqNum=0 As I read it, a magistrate may "recuse" from performing all marriages (which is otherwise a magistrate's duty) "based upon any sincerely held religious objection." The same is true for registers of deeds with respect to issuance of marriage licenses. (Note that it does not require any religious burden -- it is sufficient that the individual merely "object" to participation (or to certain marriages themselves) on religious grounds.) The recusal would not be specific to particular marriages, or even particular types of marriages. (The statute doesn't mention SSM.) If the public official "objects" to any marriages (or to facilitating them) on religious grounds, her only option is to categorically recuse from the marriage functions of her job description--a decision that must last for at least six months. Thus, I suppose the theory is that no couples are turned away, or even directed to a different official--rather, some officials will simply be out of the marriage business altogether, for at least six months (after which they can chose to get back in the game if they wish. Thoughts? _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto:Religionlaw@lists.ucla.edu> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
