Must J.P.s Officiate Same-Sex Weddings? A.G. Says It Depends
In response to questions over whether or not former and current Justices of the Peace must officiate same-sex weddings in Arkansas, Attorney General Leslie Rutledge’s office has released an opinion essentially saying it depends on the circumstances.
Senator Bruce Maloch (D–Magnolia) sent a series of questions to the Attorney General regarding the extent to which a Justice of the Peace can be forced to solemnize marriages. Under Arkansas law, a Justice of the Peace can choose to be authorized to solemnize marriages, and a retired J.P. who has served at least two terms on the county quorum court can solemnize marriages even after leaving the quorum court.
Here is a brief overview of the Attorney General’s opinion.
Ministers Are Protected
One thing the Attorney General made extremely clear: Ministers cannot be forced to solemnize same-sex marriages if doing so violates their deeply-held religious convictions.
Sen. Maloch asked A.G. Rutledge if a minister who is also a current or retired J.P. can be forced to solemnize a same-sex marriage. Under Arkansas law, marriages solemnized by ordained ministers are recognized by the state; the Attorney General’s opinion makes it very clear: If a minister is solemnizing a marriage in a ministerial capacity, the state cannot force that minister to solemnize a union in violation of their deeply-held religious convictions.
The opinion states, (more…)