Must J.P.s Officiate Same-Sex Weddings? A.G. Says It Depends

Religious Freedom,

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…)

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Fayetteville Residents to Rally for Religious Freedom Next Week

Religious Freedom, , , ,

On Tuesday, August 11, residents of Fayetteville, Arkansas, will rally in support of religious freedom and in opposition to the city’s proposed “nondiscrimination” act, Ordinance 5781.

The rally will take place on Tuesday, August 11, at 7:00 PM at University Baptist Church at 333 W Maple St. in Fayetteville.

Featured speakers include Aaron & Melissa Klein of Sweet Cakes in Oregon. You may recall the Kleins were fined $135,000 and ultimately had to close their business–all because they declined to bake a cake for a same-sex ceremony.

On Tuesday, September 8, voters in Fayetteville will be asked to vote for or against Ordinance 5781, a “nondiscrimination” act very similar to the one voters overturned last December. Early voting begins September 1.

The group Protect Fayetteville, who is sponsoring the rally, is calling on voters to vote against Ordinance 5781 next month.

Ordinance 5781 carries many of the same unintended consequences as the ordinance proposed last year:

  • It fails to protect religious liberty;
  • It inadvertently allows men to use women’s restrooms, showers, locker rooms, and changing facilities–and vice versa;
  • It forces business owners–like the Kleins–who want to operate their businesses in accordance with their deeply-held religious convictions to choose between obeying the law and obeying their conscience.

You can find out more about the ordinance and the September 8 election at www.protectfayetteville.com. You can download a flyer about next week’s rally here.

Photo Credit: “Old Main from the northwest, University of Arkansas, Fayetteville, Arkansas (autumn)” by Brandonrush – Own work. Licensed under Creative Commons Attribution-Share Alike 3.0 Unported.

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City of Houston Trying to Seize Church Property

Religious Freedom, ,

The Housing Authority for the City of Houston is trying to use eminent domain to seize the property of two churches.

According various news sources and a lawsuit filed by two Houston area churches, the city is trying to implement an urban renewal program that involves the construction of a library and a 63-unit housing project. In order to complete the project, the city says it must obtain property owned by the Latter Day Deliverance Revival Church, a predominantly African-American congregation located in the neighborhood.

Eminent domain prevents the government from taking personal property without compensation. Traditionally, the government would work with property owners to negotiate a fair price for any property the government wishes to acquire.

In recent years, however, eminent domain powers have been applied more broadly in many contexts, forcing citizens and groups who do not necessarily wish to part with their property to do so in exchange for whatever compensation the courts deem fair. (more…)

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