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RNS: Ministers who own a chapel sue Idaho city after declining to marry same-sex couple


Zguy28

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Possible counter-argument to my "it's a business not a church" position.

In this case, the gay couple (I'm assuming that there's a gay couple in the picture, somewhere) are asking the ministers to function AS A MINISTER. To perform in their capacity as ministers.

To me, that's an argument that says the "minister" rules should apply, not the "business" rules.

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This one certainly seems to have some gray areas. One one hand, they do have a for-profit business, but on the other, they are ordained ministers. I'm really not sure how to feel about this one since I am, on one hand, an advocate for marriage equality, but I don't feel ministers of any faith should be required to practice same-sex marriages.

 

One of the arguments I always make to people who are against same-sex marriage is Maryland's Question 6, which shields clergy from performing those ceremonies if they don't want to. This, though, seems to makes it a little more ambiguous.  

 

 something that makes it interesting :)  is the ordination (authority to marry anyone) comes from a religious organization/church

 

hard to claim it is not religious in nature when that is the only reason they have the ability under the law.

 

add

 

if the church they were ordained by revokes it for performing SSM we would have real fun  :unsure:

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Possible counter-argument to my "it's a business not a church" position.

In this case, the gay couple (I'm assuming that there's a gay couple in the picture, somewhere) are asking the ministers to function AS A MINISTER. To perform in their capacity as ministers.

To me, that's an argument that says the "minister" rules should apply, not the "business" rules.

And that kind of was my point. In my function as a minister, I am self-employed. I don't work for the church payroll, but rather contractually (for lack of better word). When I file my taxes, I file it as self-employed. So in a sense, I'm a business, but in another sense, I'm part of the church. I think you are hitting on it correctly. Although this chapel is a business, it is an extension of their ministry just like a constituted church would be.

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I would suggest that if your religious beliefs in connection with your job does not allow you to follow the law, you must get another job.

You have no right to your job, and you have no right to defy the law over some beliefs that you chose to have.

 

~Bang

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And that kind of was my point. In my function as a minister, I am self-employed. I don't work for the church payroll, but rather contractually (for lack of better word). When I file my taxes, I file it as self-employed. So in a sense, I'm a business, but in another sense, I'm part of the church. I think you are hitting on it correctly. Although this chapel is a business, it is an extension of their ministry just like a constituted church would be.

And yet, there is some reason why they wanted it to be "not the church".

(I can think of lots of possible reasons for doing so. So they could marry people who they couldn't, for one reason or another, marry in the church? So they could attract "the secular business"? Obviously I can't tell what their reason was. But there has to be one.)

Or they wouldn't have built the thing. They would have just married people in the church.

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I would suggest that if your religious beliefs in connection with your job does not allow you to follow the law, you must get another job.

You have no right to your job, and you have no right to defy the law over some beliefs that you chose to have.

 

~Bang

 

new law or old law?

 

add

 since that probably is too vague...

 

can I make laws to deny your livelihood based on your religion?

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if the church they were ordained by revokes it for performing SSM we would have real fun  :unsure:

Not to me. What would they do? Sue the church for discriminating against them?

You have no right to your job, and you have no right to defy the law over some beliefs that you chose to have.

Pointing out that your argument is very similar to one that's been used by people promoting the right to fire gays.

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 the govt can compel them to hire and associate at will then?....where is the limit?

 

add

 

you mean like a JP that is always around?

that you mention ordinated is illustrative of the problem,it is inherently religiously based vs a wedding with a JP or magistrate ect

 

Yeah, my bad.  I meant ordained as in, "any dude who can/is allowed to perform the ceremony".

 

And yeah I suppose the government can compel them to hire or associate or spend money in order to comply with regulations.  Happens in most every industry.  Companies working in field X must have Y certified safety guys on staff, etc.  I don't see it as a big leap to say if you run a for profit service you need to have at least one dude on retainer who can provide that service in special cases in order to remain in compliance with state regulations.

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Legal issues aside, what self-respecting gay couple would want those particular ministers officiating their ceremony anyway?

This has been my thinking as well, especially with more mainline denominations becoming inclusive toward same-sex couples. Why on earth would you even want to darken the doorway of a conservative church or ministers with conservative leanings? Perhaps to make a point and bring this argument to the table, which I can sort of understand, but if all you want to do is get married, go down to the courthouse or find the nearest Episcopalian church. 

 

Then again, I suppose you could use the same argument for racial discrimination in public places as well.

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new law or old law?

 

add

 since that probably is too vague...

 

can I make laws to deny your livelihood based on your religion?

 

You can try. Since I do graphics and such, my career stems from my ability to imagine things, too.

 

But you don't need any new law against my profession. If I discriminate based on what the law defines as discrimination, then you can take legal steps against me. If i say i won't design a gay couple's invitations because they're gay, you can take steps against me.

 

And if it's a new law that you can't discriminate against somebody, oh well. You can look at it as proof of evolution.

 

~Bang

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Legal issues aside, what self-respecting gay couple would want those particular ministers officiating their ceremony anyway?

 

I made a similar argument about the people who sued a wedding photographer over refusing to shoot their wedding. 

 

Do you really want the most important day of your lives to be commemorated by somebody you had to take to court, to force them to show up? 

 

Never mind the entire fact that a fine or a court or some such may be able to force a photographer to show up, but they cannot force him to do a good job

 

(Now, I don't get the impression that that's what's happening, here, though.  No one is taking the ministers to court, demanding that the minister marry them.  Rather, the county has announced their intention to apply a law, which imposes possible fines or jail time,  and the ministers are preemptively suing to demand exemption from the law.) 

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And yet, there is some reason why they wanted it to be "not the church".

(I can think of lots of possible reasons for doing so. So they could marry people who they couldn't, for one reason or another, marry in the church? So they could attract "the secular business"? Obviously I can't tell what their reason was. But there has to be one.)

Or they wouldn't have built the thing. They would have just married people in the church.

Perhaps the same reason that other para-church ministries are also formed such as orphanages, youth groups, and such. But they are generally non-profit. Still the nearest comparison is any other minister in the world. Regular ministers (like me, a baptist preacher), are self-employed (from gov't POV). Again, does that mean since I officiate weddings outside the church building for a fee, that I will be compelled to offer officiating to gay couples for a fee because technically I'm a one man business?

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Perhaps the same reason that other para-church ministries are also formed such as orphanages, youth groups, and such. But they are generally non-profit. Still the nearest comparison is any other minister in the world. Regular ministers (like me, a baptist preacher), are self-employed (from gov't POV). Again, does that mean since I officiate weddings outside the church building for a fee, that I will be compelled to offer officiating to gay couples for a fee because technically I'm a one man business?

And yet, you have not taken the affirmative step of setting yourself up AS a business.

Is this:

 

HitchingPost.gif

1) A business?

2) A church?

3) A person?

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So, when I am asked (as a minister) to marry a gay couple, do I have the right to refuse? 

 

Yes.   Next question.

And I like how the business here is suing before anyone asked them to do anything.  Preemptive feelings of oppression are the best feelings of oppression. 

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You can try. 

 

isn't that what they have done?....especially if it is a ordination from a church that forbids marrying them.

 

you are either forcing them to risk fines/jail or losing their ordination

 

And yet, you have not taken the affirmative step of setting yourself up AS a business.

Is this:

 

HitchingPost.gif

1) A business?

2) A church?

3) A person?

 

1+ 3 empowered by number 2 

they could not be 1 w/o number 2 in this case :)  

 

 

 

now if they were secular in nature such as a ship's captain ect the number 2 would not be relevant

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Possible counter-argument to my "it's a business not a church" position.

In this case, the gay couple (I'm assuming that there's a gay couple in the picture, somewhere) are asking the ministers to function AS A MINISTER. To perform in their capacity as ministers.

To me, that's an argument that says the "minister" rules should apply, not the "business" rules.

 

That is the distinction that will be drawn.  That's the distinction that is drawn under California law.  And I agree with it.

 

(however, in this case it doesn't appear that there is any gay couple in the picture.  This is a publicity lawsuit)

I would suggest that if your religious beliefs in connection with your job does not allow you to follow the law, you must get another job.

You have no right to your job, and you have no right to defy the law over some beliefs that you chose to have.

 

~Bang

 

I don't agree.  If your job is being a minister, your religious tenats trump anyone else's rights to claim your services as a minister.  You don't have to marry gay people.

 

If your job is selling bread, your religious tenats do not trump the rights of other people not to be discriminated against.  You do have to sell bread to gay people.

 

One is a core religious function.  One is a basic commercial transaction.  

 

It's really not that difficult a distinction to apply in the overwhelming majority of cases.

Again, does that mean since I officiate weddings outside the church building for a fee, that I will be compelled to offer officiating to gay couples for a fee because technically I'm a one man business?

 

 

Again, no, you won't.

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Yes.   Next question.

And I like how the business here is suing before anyone asked them to do anything.  Preemptive feelings of oppression are the best feelings of oppression. 

 

someone supposedly did ask

 

the threat of fines/jail existing isn't oppressive?....especially since the authorities seem to disagree with your interpretation

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