CA Supreme Court to rule on Gay Marriage today (5/15) at 10:00am - Page 32

Morrigoon · 09-24-2008, 12:12 PM

Hmm... I wonder if enough people will make the mistake in our favor in the voting booth?

Better make sure everyone on the "no" side knows to vote no though!

innerSpaceman · 09-24-2008, 12:14 PM

What was it only altar boys that got to have sex with Catholic priests? I've always wanted to do that, in the confessional booth.

Hmmm, so if Prop 8 fails, maybe I'll be able to sue for my chance!

Alex · 09-24-2008, 12:16 PM

I can see a slim argument if church weddings are considered a public accommodation.

But churches are currently allowed to refuse to perform plenty of otherwise legal marriages (a Catholic Church is free to refuse to marry people who are previously divorced) so I don't think anyone is likely to make the argument.

JWBear · 09-24-2008, 12:16 PM

I read one legal opinion (I'll try and find it again later, when I have more time) that no such lawsuit would stand. However, if there is a church that routinely rents out their facilities to non-church members, it is a public accommodation, and has to allow gays (or anyone, for that matter) to rent the facilities for weddings.

katiesue · 09-24-2008, 12:23 PM

I don't think they could force churches to perform the ceremonies. If you're not an LDS Church member you can't even attend a wedding in the Temple in Salt Lake. If you're not Catholic you can't be married in a Catholic Church or be married without going through their counseling. I don't see how performing or not performing a gay marriage would be any different than the restrictions on a hetro one.

Pirate Bill · 09-24-2008, 01:12 PM

Quote:

Originally Posted by katiesue

If you're not an LDS Church member you can't even attend a wedding in the Temple in Salt Lake.

LDS bishops do, on occasion, perform marriages outside the temple. These marriages (as well as any other legally recognized marriage between one man and one woman) are currently recognized by the church.

Ghoulish Delight · 09-24-2008, 01:42 PM

Quote:

Originally Posted by Pirate Bill

LDS bishops do, on occasion, perform marriages outside the temple. These marriages (as well as any other legally recognized marriage between one man and one woman) are currently recognized by the church.

That's not what is at issue, however. The point is that the church of LDS retains the right to refuse to perform a marriage if they don't want to.

Gemini Cricket · 09-24-2008, 01:52 PM

My eyes went crossed for a second. I went over to MP to look through a thread where I posted a Letter to the Editor that I wrote. I went through a loooong thread about SSM. It made it to 1000 posts without being closed. I thought that was cool. It was civil and intelligent. Anyway, I found what I was looking for.
Flashback-o-rama!

Kevy Baby · 09-24-2008, 09:30 PM

Quote:

Originally Posted by Gemini Cricket

-

Quote:

There is an important difference between religious marriage and civil marriage. Religious groups and clergy members have a constitutionally protected right to recognize or refuse to recognize religious marriages based on the tenets of their particular faith. That has not changed and will not change (if Prop 8 is voted down). But the government can't treat same-sex couples differently when issuing civil marriage licenses or solemnizing civil marriages.

Thank you. While it is not an official, cited source, it does provide a solid answer.

Quote:

Originally Posted by Ghoulish Delight

That's not what is at issue, however. The point is that the church of LDS retains the right to refuse to perform a marriage if they don't want to.

To be honest, I believe that churches (not just LDS) should be able to retain the right to refuse to perform a Constitutionally legal marriage.

Gemini Cricket · 09-25-2008, 08:24 AM

Quote:

Originally Posted by Kevy Baby

Thank you. While it is not an official, cited source, it does provide a solid answer.

It is from the No on 8 site.
Source
I also emailed one of my friends with Equality California. His answer was the same.

09-24-2008, 12:12 PM	#1
Morrigoon I throw stones at houses Join Date: Jan 2005 Location: Location: Location Posts: 9,534	Hmm... I wonder if enough people will make the mistake in our favor in the voting booth? Better make sure everyone on the "no" side knows to vote no though! __________________ http://bash.org/?top "It is useless for sheep to pass a resolution in favor of vegetarianism while wolves remain of a different opinion." -- William Randolph Inge
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09-24-2008, 12:14 PM	#2
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	What was it only altar boys that got to have sex with Catholic priests? I've always wanted to do that, in the confessional booth. Hmmm, so if Prop 8 fails, maybe I'll be able to sue for my chance!
	Submit to Quotes

09-24-2008, 12:16 PM	#3
Alex . Join Date: Feb 2005 Posts: 13,354	I can see a slim argument if church weddings are considered a public accommodation. But churches are currently allowed to refuse to perform plenty of otherwise legal marriages (a Catholic Church is free to refuse to marry people who are previously divorced) so I don't think anyone is likely to make the argument.
	Submit to Quotes

09-24-2008, 12:16 PM	#4
JWBear Worn Romantic Join Date: Feb 2006 Location: Long Beach California Posts: 8,435	I read one legal opinion (I'll try and find it again later, when I have more time) that no such lawsuit would stand. However, if there is a church that routinely rents out their facilities to non-church members, it is a public accommodation, and has to allow gays (or anyone, for that matter) to rent the facilities for weddings. __________________ Unrestrained frivolity will lead to the downfall of modern society.
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09-24-2008, 12:23 PM	#5
katiesue Senior Member Join Date: Apr 2005 Location: San Diego Posts: 4,678	I don't think they could force churches to perform the ceremonies. If you're not an LDS Church member you can't even attend a wedding in the Temple in Salt Lake. If you're not Catholic you can't be married in a Catholic Church or be married without going through their counseling. I don't see how performing or not performing a gay marriage would be any different than the restrictions on a hetro one. __________________ My life is so exciting I can hardly stand it.
	Submit to Quotes

09-24-2008, 01:52 PM	#8
Gemini Cricket ... Join Date: Jan 2005 Posts: 13,244	My eyes went crossed for a second. I went over to MP to look through a thread where I posted a Letter to the Editor that I wrote. I went through a loooong thread about SSM. It made it to 1000 posts without being closed. I thought that was cool. It was civil and intelligent. Anyway, I found what I was looking for. Flashback-o-rama!
	Submit to Quotes

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