United Church of Christ Files Lawsuit Challenging North Carolina Marriage Ban

I have long argued that anti-gay laws and anti-gay discrimination are banned not only on equal protection grounds but also because they violate the religious freedom of those who do not subscribed to Christofascist religious beliefs.  The true purpose of anti-gay laws is ultimately to force Christofascist dogma on all in violation of the First Amendment to the United States Constitution.  When I made this argument before the Virginia Supreme Court in the Moore v. Virginia Museum of Natural History case, now Chief Justice Kinser - a former classmate - looked outraged that I dared call anti-gay bigotry for what it is, illegal religious based discrimination.  Now, in North Carolina the United Church of Christ and other clergy, including the pastor of an Evangelical Lutheran Church parish in Charlotte, have picked up on this argument and has filed suit in federal court challenging North Carolina's Amendment 1 because it tramples on the Church's religious freedom by denying it the ability to marry same sex couples.  The Washington Blade has details.  Here are excerpts:

The United Church of Christ and a group of clergy and same-sex couples on Monday filed a federal lawsuit challenging North Carolina’s constitutional amendment that defines marriage as between a man and a woman.

The lawsuit — which was filed in U.S. District Court for the Western District of North Carolina — argues for the first time the marriage amendment violates the religious beliefs of denominations and congregants who support the recognition of gay nuptials and clergy who want to perform them. Rev. Geoffrey A. Black, president of the United Church of Christ, and Rev. Nancy Kraft of Holy Trinity Lutheran Church in Charlotte are among the plaintiffs who attended a Charlotte press conference.

“As a senior minister, I am often asked to perform marriage ceremonies for same-sex couples in my congregation,” said Rev. Joe Hoffman of First Congregational United Church of Christ in Asheville, who is a plaintiff along with Diane Ansley and Cathy McGaughey, two of his congregants who have been together for 14 years. “My denomination — the United Church of Christ — authorizes me to perform these ceremonies, but Amendment One denies my religious freedom by prohibiting me from exercising this right.”

The United Church of Christ, which has nearly a million members, in 2005 approved a resolution endorsing marriage rights for same-sex couples. 

The core protection of the First Amendment is that government may not regulate religious beliefs or take sides in religious controversies,” said Jonathan Martel of Arnold & Porter LLP, a law firm with offices in D.C. and other cities that is representing the plaintiffs alongside the Charlotte-based Tin Fulton Walker. “Marriage performed by clergy is a spiritual exercise and expression of faith essential to the values and continuity of the religion that government may regulate only where it has a compelling interest.” 

The American Civil Liberties Union of North Carolina earlier this month filed a lawsuit on behalf of three married same-sex couples who are seeking legal recognition of their unions in the Tar Heel State. The ACLU in 2012 filed a federal lawsuit against North Carolina’s second-parent adoption ban — the case now directly challenges the state’s marriage amendment. 

At the risk of sounding like a broken record, it is far past time that the nation's civil law ceasing giving deference and special rights to conservative Christian views.  They belong nowhere in the civil laws.   Kudos to the United Church of Christ.  More denominations need to step up and challenge the Christofascists and their simpering political whores in the Republican Party.  

p of clergy and same-sex couples on Monday filed a federal lawsuit challenging North Carolina’s constitutional amendment that defines marriage as between a man and a woman. The lawsuit — which was filed in U.S. District Court for the Western District of North Carolina — argues for the first time the marriage amendment violates the religious beliefs of denominations and congregants who support the recognition of gay nuptials and clergy who want to perform them. Rev. Geoffrey A. Black, president of the United Church of Christ, and Rev. Nancy Kraft of Holy Trinity Lutheran Church in Charlotte are among the plaintiffs who attended a Charlotte press conference.
- See more at: http://www.washingtonblade.com/2014/04/28/united-church-of-christ-file-lawsuit-n-c-marriage-ban/#sthash.0dZAVxs8.dpuf