In this week's Elon Law Now faculty commentary series, Professor Catherine Wasson explains that a U.S. Supreme Court decision validating same-sex marriage would require changes in the policies and procedures of the secular state, not religious doctrine and practice.
“Sometime this month the United States Supreme Court is likely to decide whether the Constitution requires states to issue marriage licenses to same-sex couples, and, if not, whether states must recognize same-sex marriages performed legally in other states. Regardless of your position on these issues, it is important to understand what a decision validating same-sex marriage will not do: it will not require any religion to alter or abandon the tenets of its faith.
“Marriages are licensed by the state, and the state does not adhere to or practice any religion. A couple is legally married if they obtain a license and the marriage is solemnized by a secular authority. The couple may also have a religious ceremony during which their union is established or blessed in accordance with a particular religious tradition. In the eyes of the state, however, the couple is legally married whether they have a religious ceremony or not.
“A Court decision validating same-sex marriage will affect the policies and procedures of the secular state, but it will not alter religious doctrine and practice. In fact, religious restrictions on marriage are already enforced without interference from the state. Orthodox rabbis do not recognize the validity of interfaith marriages and therefore do not officiate at interfaith weddings. Similarly, Roman Catholic priests can refuse to officiate at a wedding if one or both parties is divorced but did not have his or her first marriage annulled. The state allows interfaith couples and divorced people to marry, but it has not forced the rabbi and the priest to perform those marriages in the synagogue or church.
“One may be opposed to same-sex marriage for religious reasons, but the fear that a minister, priest, or rabbi will be forced to perform same-sex marriages in violation of their religious beliefs is misplaced.”
Information about Elon Law Professor Catherine Wasson is available here.
Elon Law Now is a weekly series of faculty commentary on legal news and current affairs.