RE: Rights of clergy regarding same-sex marriage? -- a free exercise right?

2005-03-15 Thread Volokh, Eugene
Title: Message     I continue to think that conducting a marriage ceremony, religious or secular, is constitutionally protected free speech (so long as there is no risk of fraud, which is to say that it's clear to everyone involved, and to those who are likely to hear of the marriage, that th

Re: Rights of clergy regarding same-sex marriage? -- a free exercise right?

2005-03-15 Thread Jean Dudley
On Mar 15, 2005, at 9:56 AM, Paul Finkelman wrote: I wonder if the reverse argument has more power.  That is:  if a church declares that the sacrament of marriage is available to *any* couple willing to accept it, does the minister of that church have a free exercise right *to perform* that mar