Eric Rassbach is an attorney with the Becket Fund for Religious Liberty, a public interest legal group that defends the free expression rights of all faiths. He said it is unlikely the government would try to force a pastor to perform a same-sex marriage, but churches that rent out their facilities to the general public could face problems if they refuse to rent to gay couples.
Worried they could be sued by gay couples, some churches are changing their bylaws to reflect their view that the Bible allows only marriage between one man and one woman.
Although there have been lawsuits against wedding industry businesses that refuse to serve gay couples, attorneys promoting the bylaw changes say they don’t know of any lawsuits against churches.
Critics say the changes are unnecessary, but some churches fear that it’s only a matter of time before one of them is sued.
“I thought marriage was always between one man and one woman, but the Supreme Court in a 5-4 decision said no,” said Gregory S. Erwin, an attorney for the Louisiana Baptist Convention, an association of Southern Baptist churches and one several groups advising churches to change their bylaws. “I think it’s better to be prepared because the law is changing. America is changing.”
In a June decision, the U.S. Supreme Court struck down a provision of the federal Defense of Marriage Act that defined marriage as between a man and a woman for purposes of federal law. A second decision was more technical but essentially ushered in legal gay marriage in California.
Kevin Snider is an attorney with the Pacific Justice Institute, a nonprofit legal defense group that specializes in conservative Christian issues. His organization released a model marriage policy a few years ago in response to a statewide gay marriage fight in California. Snider said some religious leaders have been threatened with lawsuits for declining to perform same-sex wedding ceremonies.
Dean Inserra, head pastor of the 1,000-member City Church Tallahassee, based in Florida, said he does not want to be alarmist, but his church is looking into how best to address the issue.
Inserra said he already has had to say no to gay friends who wanted him to perform a wedding ceremony.
“We have some gay couples that attend our church. What happens when they ask us to do their wedding?” Inserra said. “What happens when we say no? Is it going to be treated like a civil rights thing?”
[Editor’s note: This article is incomplete. The source for this document was originally published on abcnews.go.com—however, the original URL is no longer available.]
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