Legal Question in Military Law in California

same sex marriages

I am employed at a County Clerk's office in California. My job duties include performing marriage ceremonies. My religious beliefs are that I believe marriage is between a man and a woman. Can I get fired for refusing to perform same sex ceremonies? What is my recourse?


Asked on 5/17/08, 2:47 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: same sex marriages

Interesting.

I would read the Supreme Court opinion - the part at the end where they list the attorneys on each side (there are dozens). I am sure one of the attorneys or law firms on your side of the issue would take your case, and they should be the ones to advise you.

Opinion is at http://www.courtinfo.ca.gov .

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Answered on 5/17/08, 3:18 am
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: same sex marriages

Unfortunately for you, the answer appears to be "yes," you could be fired. First of all, the government did not ask you what your religious beliefs were nor require any when you got your job - indeed, they could not do so because that would be illegal. That was/is a private matter for you.

You can request through your supervisor that they "accommodate" your religious beliefs/practices so as to not require you to perform same-sex marriages, but since the California Supreme Court's ruling couched its decision in part on the grounds of gender discrimination, I cannot guarantee that your employer would be mandated to accommodate your religious beliefs.

The Court specifically pointed out that in California (as in most States) marriage is a CIVIL function, not a religious one, even though the State "deputizes" church officials, ministers, priests, rabbi's, imans etc., to perform the ceremony, but everyone still must have a state marriage license. Doing your "job" - which may include things that you would not or do not personally condone [a Soldier may be required to kill in the line of duty] does not necessarily mean that you personally approve of such, but your job does require you to follow the "law" and so, absent a bona fide accommodation by your employer, you can be disciplined for not "doing your job."

Talk to your supervisor first - don't risk losing your job. They may be willing to just let someone else do what the law mandates.

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Answered on 5/17/08, 1:44 pm


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