N.C. Law Balances Same-Sex Marriage With Religious Freedom
By
Jeff Tiberii |
NCPR-WUNC
Wednesday, July 1, 2015
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As marriage equality supporters celebrate, opponents of same-sex marriages are considering how to proceed. Some say legislation is one way to balance religious liberties with equal protections.
Transcript
RENEE MONTAGNE, HOST:
Opponents of same-sex marriage are also planning what to do next. Some conservatives have focused on the cause of protecting religious liberty. And the passage of a new law in North Carolina could provide a glimpse of how that will play out. WUNC's Jeff Tiberii reports.
JEFF TIBERII, BYLINE: After Friday's landmark same-sex marriage ruling, there were both celebrations and also immediate calls to amend the U.S. Constitution. But a two-thirds vote in Congress, then ratified by three-fourths of the states, make that unlikely.
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LINDSEY GRAHAM: What I want to do is protect the religious liberties of those who believe that opposing same-sex marriage is part of their faith.
TIBERII: South Carolina Sen. Lindsey Graham, a Republican presidential candidate, offered a different approach on "Meet The Press."
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GRAHAM: So no, I would not engage in the constitutional amendment process as a party going into 2016. Accept the court's ruling, fight for the religious liberties of every American.
TIBERII: In Texas, the attorney general told state employees they can refuse to issue same-sex marriage licenses if they have a religious objection. The Alabama Supreme Court instructed probate judges not to issue same-sex licenses for 25 days. In North Carolina, Republican Phil Berger is the leader of the state Senate.
PHIL BERGER: The job we have as legislators is to decide where the lines are.
TIBERII: After several North Carolina magistrates quit after refusing to perform same-sex marriages, Berger filed a bill allowing them to opt out of performing marriage ceremonies if they have a religious objection. Berger says his proposal strikes a balance between religion and equal protection. The governor vetoed the measure, but the general assembly overwrote it and the magistrates' measure became law last month. Equality groups expect it to face a legal challenge soon.
GRAHAM: I think when you have competing rights that it's the job of the legislature to decide exactly how you work those things out and where you draw the lines. And I think that's something that we're going to have to continue to face.
TIBERII: The scope of the North Carolina magistrate bill is narrow. Conservative groups call it a start. Tami Fitzgerald is executive director of the North Carolina Values Coalition.
TAMI FITZGERALD: Religious freedom is what our country was founded upon. This is why the Pilgrims came to America because they were being persecuted in Europe for their religious beliefs.
TIBERII: She wants more states to enact religious freedom measures similar to those that passed in Indiana and Arkansas earlier this year.
FITZGERALD: We are going to continue beating that drum of the Religious Freedom Restoration Act because we believe it will protect Christians and Muslims and Hindus who have strongly held beliefs about marriage from having their rights trampled and being discriminated against by the government.
TIBERII: The Supreme Court has spoken, for now, on the issue of marriage equality. However, the debate isn't over yet, particularly in the deep religious South. For NPR News, I'm Jeff Tiberii in Raleigh, N.C. Transcript provided by NPR, Copyright NPR.
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