Posted on 09/27/2011 11:59:59 AM PDT by IbJensen
When the New York state legislature rammed through a law “legalizing” same-sex “marriage” this last summer, countless New Yorkers disagreed with the decision. Among them were Christian town clerks who could not in good conscience sign marriage licenses for a union they consider sinful.
Clauses were written in the law that supposedly protect clergy from being forced to act against their faith. However, such clauses do not apply to town clerks or any other government official.
Clerks are told point blank, either accept the law, or resign. Town clerk Rose Marie Belforti of Ledyard, New York found out the hard way. When the law passed, Belforti, a dairy owner and cheese maker, decided her Christian conscience would not allow her to sign same-sex “marriage” licenses. She did not deny them a license but merely asked that another official sign such licenses in her place. Since that other official is not always in, applicants are now asked to make an appointment.
When two applicants of the same sex did indeed ask for a license, the arrangement did not satisfy them. They were outraged by the inconvenience of making an appointment with the clerk’s substitute who now signs all licenses. The case has raised a tempest among the homosexual network nationwide. Indignant cries of religious bigotry and disregard for the law have been leveled against Rose Marie Belforti. Her dairy’s Facebook page now has abusive comments charging her with homophobia where once there were compliments about her bleu cheese.
In the sleepy town of less than 500 families, the local town clerk that normally issued ten licenses a year has been put in the national spotlight. Lawyers are threatening lawsuits against the unassuming dairy farmer. People for the American Way and the law firm Proskauer Rose are now co-representing the two applicants as they demand that Belforti either issue the marriage licenses against her conscience or resign. Online petitions are circulating asking that the clerk be dismissed.
Public officials can’t pick and choose the laws they want to follow,” cries an indignant Michael Keegan, President of People For the American Way Foundation. “If a public official simply decides to shirk the obligations of her office, then she should resign and be replaced by someone who will do the job and carry out state law.”
Drew Courtney, a spokesman for People for the American Way points out: "She has a job to do. That job is to administer the paperwork and licenses of marriages in accordance with the state laws that govern it."
However, it seems the do-your-job-or-resign option only works one way. When it comes to the promotion of the homosexual cause, it appears officials can pick and choose which laws they want to defend. However, there is no indignation from offended liberals when these public officials refuse to do their job and carry out the law.
The most obvious case is the February decision of the Obama Administration’s decision that its Justice Department will no longer defend the constitutionality of Defense of Marriage Act (DOMA) banning federal recognition of same-sex “marriage.” The House of Representatives was forced to assume the responsibility for defending the abandoned law signed by then-President Bill Clinton in 1996.
The constitutionality of laws is, of course, determined by the courts -- not by the executive branch. However, in this case favoring the homosexual agenda, it seems the public official can shirk the responsibility of the office and flatly refuse to defend the law of the land.
A second case in point is that of Proposition 8 in California. Voters across the state decided to amend the State Constitution and recognize marriage as between one man and one woman. Since the constitution is the law of the state, state officials are obliged to defend that law despite their personal opinions. However, when the amendment was challenged, then-California Attorney General Jerry Brown and then-Governor Arnold Schwarzenegger refused to defend the amendment which is part of the State Constitution. Defenders of traditional marriage are now petitioning to ask if they can defend the disregarded rights of the majority that voted for Proposition 8.
In the case of Rose Marie Belforti, she has not refused to carry out the law or grant licenses. She merely delegated it to others. However, in the case of DOMA and Proposition 8, the elected executives have unilaterally decided not to uphold the present law. No one from People For the American Way is calling for these elected officials to resign.
There is a double standard here that must be addressed. Obviously the uproar in New York is not about the principle of law that is supposedly being transgressed. It is about an agenda that tramples upon the conscience of officeholders, disregards laws and constitutions and ignores the opinions of majorities. It is agenda that forces itself upon the nation and is definitely not part of the American Way.
What about the divorce example? Marriage applications in many states (including NY) ask for plenty of information about previous marriage/divorces. Should a town clerk who is Catholic (or another religion that does not believe in divorce/remarriage) be able to refuse to sign off on marriage licenses where one or both parties were previously married?
Religious freedom is constitutional--meaning it trumps all other laws. You cannot say, you MUST OBEY, until the law is changed--when it comes to longstanding religious conviction.
The government has always made reasonable accommodation to persons of faith--over long-standing religious convictions. For example, Mennonites during WWII were not FORCED to fight in the Army--since pacifist non-violence is a long standing essential to their religion. Many Mennonites and other pacifist Anabaptists DID serve in the military during WWII, but in non-combatant positions (Medics, in hospitals, food service, etc)--where they were not required to violate their conscience.
To try to CRUSH a woman's career, who, very discreetly, merely asked for appointments to get marriage licenses--in an office which only does 10 licenses a year, is very definitely the State running roughshod over freedom of conscience--on a VERY controversial issue.
This proves once again--as I've warned in FR forums over and over--homosexual rights and religious freedom are NOT compatible.
Forceable tolerance. It’s a cousin to compulsory philanthropy.
License applications ask questions about marriage and divorce for purely legal reasons. The morality of divorce and remarriage (or even marriage—since civil-marriage is not recognized by some religions) is complicated, and its ethics therefore always been seen as the responsibility of the applicants.
Your example is imaginary though, as I’m unaware of any clerks refusing for religious reasons to sign off on legal papers about divorce and remarriage. I know of no Church authorities or religions that would require them to either.
However, signing off on something VERY OBVIOUS, that religious conviction says is always and everywhere highly immoral—an “abomination” using the biblical word, has an order of magnitude difference.... The State is crushing religious freedom when it requires people to approve of homosexual unions.
So I take it you think during WWII pacifist Mennonites should of been required to be in the infantry like everyone else?
Again, religious freedom in the USA has always meant ACCOMMODATING sincerely held religious convictions. To force a public servant from her job, just because a bunch of sexual perverts want her to go is just not right.
She never refused a marriage license to a homosexual couple, only had another official sign them—a reasonable accommodation to the homosexuals AND her religious conviction.
I think you would have German concentration camp guards gas the prisoners—because, after all, it was done according to law—and officials are obligated to obey the law, right?
I take it also you support laws that force pharmacists—totally against conscience—to dispense birth control and the morning after pill—just because it was a legally passed law?
And Doctors, in a public hospital to perform abortions—when told to do so by law?
Not accommodating sincerely held religious beliefs—is well along the road to fascist totalitarianism....and is exactly what the statists demand—as the only true religion to them is the State itself.
Such is not a nation of laws, but of tyranny against conscience.
placemark
READ THE ARTICLE:
She never refused a marriage license to ANYONE. In this very small town—which issues TEN (10) marriage licenses a year. She only changed the policy to an appointment only schedule—to allow her to arrange for someone else—without her ethics...—to sign the license approving the perverted “marriage.”
It was a very reasonable accommodation of her religious conviction, given the circumstances. But of course for the sexual perverts, that’s not enough, until everyone cheers “IT’S RIGHT!!!!IT’S RIGHT!!!” congratulating them for their disgusting practices....they will never be satisfied. (Of course even then, they will not be satisfied...)
ANYONE WHO DISAGREES MUST THROWN OUT OF THEIR JOBS AND PUNISHED!!!!
Again, the people need to change the law.
And while the law is what it currently is, she has to somehow accommodate all people who can legally marry.
“But, until then the clerks will be forced to comply with the law, just as they were forced to comply with the law prior to the legalization of gay marriage.”
Lex mala, lex nulla. No person is under any moral compunction to obey that law, or to submit to punishment for refusing.
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