October 27, 2014

Same-Sex Weddings, and the Right Not to Perform Them

On October 7, the Ninth Circuit Court of Appeals struck down Idaho’s ban on same-sex marriage. On Oct. 15, county clerks in the state for the first time issued marriage licenses to gay and lesbian couples. Then, five days later came startling news out of the Idaho resort town of Coeur d’Alene: Two Christian ministers, owners of the Hitching Post Wedding Chapel, had reportedly been told by local officials that they were now required to perform same-sex weddings, or risk fines of up to $1,000 and as much as six months in jail if they refused. Under the city’s antidiscrimination ordinance, the Hitching Post is considered “a place of public accommodation,” and refusing to marry couples on the basis of sexual orientation was no longer a legal option.

On October 7, the Ninth Circuit Court of Appeals struck down Idaho’s ban on same-sex marriage. On Oct. 15, county clerks in the state for the first time issued marriage licenses to gay and lesbian couples.

Then, five days later came startling news out of the Idaho resort town of Coeur d'Alene: Two Christian ministers, owners of the Hitching Post Wedding Chapel, had reportedly been told by local officials that they were now required to perform same-sex weddings, or risk fines of up to $1,000 and as much as six months in jail if they refused. Under the city’s antidiscrimination ordinance, the Hitching Post is considered “a place of public accommodation,” and refusing to marry couples on the basis of sexual orientation was no longer a legal option.

So the two ministers, Donald and Evelyn Knapp, filed a lawsuit, seeking to block the city from forcing them to host same-sex ceremonies in violation of their sincere religious beliefs. “The Knapps are in fear that if they exercise their First Amendment rights they will be cited, prosecuted, and sent to jail,” their attorney told reporters.

At first blush, the story seemed to confirm the grimmest forebodings of those who have warned that the gay marriage juggernaut will roll right over religious liberty concerns. Was the government really threatening to jail clergy who refused to perform same-sex weddings?

The short answer: No, it hasn’t come to that – at least not yet. The Knapps weren’t charged with any violation, and since they recently reincorporated the Hitching Post as an explicitly “religious corporation” under Idaho law, it seems doubtful that any prosecutor is seriously gunning for them.

But Coeur d'Alene isn’t ruling out the possibility, either. Only if the Hitching Post truly operates on a not-for-profit religious basis, City Attorney Michael Gridley wrote in an Oct. 20 letter, would the Knapps be legally exempted from the antidiscrimination ordinance “like any other church or religious association.” Conversely, if their wedding chapel provides services “primarily or substantially for profit and they discriminate in providing those services based on sexual orientation,” they could be cited for breaking the law.

Should they be?

Religious convictions haven’t sheltered florists, bakers, and other vendors who have declined to provide their services for same-sex ceremonies. The Supreme Court earlier this year let stand the penalty imposed on a New Mexico photographer who turned down a request to shoot a lesbian couple’s commitment ceremony. The American Civil Liberties Union argues that wedding chapels, like bakeries and photo studios, are bound by nondiscrimination law, regardless of the owners’ moral beliefs. By that argument, it makes no difference that the owner of a company is an ordained minister. An operation like the Hitching Post isn’t a ministry, the ACLU would say, it’s a business – and the First Amendment can tell the difference.

Yet there is considerably more to the First Amendment than the unique protection it extends to churches. The freedom of expression it enshrines secures the right to speak no less than the right not to speak. Time and again the Supreme Court has confirmed that government may not force Americans to utter words they disbelieve or deny.

“If there is any fixed star in our constitutional constellation,” Justice Robert Jackson wrote in a landmark 1943 decision that struck down a law compelling students to recite the Pledge of Allegiance, “it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”

Whatever one’s views on same-sex marriage – or on nondiscrimination statutes generally – it is unfathomable that ministers could be forced by law to pronounce the words of a marriage ceremony against their will. That they are being paid to perform the ceremony doesn’t diminish the significance of the words they are saying, or erode their constitutional liberty to choose not to say them.

Supporters of same-sex unions have nothing to gain by forcing anyone, least of all clergy members, to officiate at weddings when it would violate their principles to do so. That is “just something we don’t do in a liberal society,” insists Andrew Sullivan, a stalwart advocate for gay marriage. Concerns about what “marriage equality” is doing to religious tolerance and dissent run deep; surely the best way to allay those concerns is with respect and goodwill. As same-sex wedlock comes to Idaho, it is in everyone’s interest that freedom of speech and conscience not be driven out.


(Jeff Jacoby is a columnist for The Boston Globe).

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.