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Not on Magistrate Smith's watch, you don't. |
North Carolina Republicans' latest wedge issue gambit,
Senate Bill 2 (
An Act to Allow Magistrates [...]
to Recuse Themselves From Performing Duties Related to Marriage Ceremonies Due to Sincerely Held Religious Objection),
passed the state Senate Wednesday on a near party-line vote (Democratic
senators Clark and Ford joining 30 Republicans voting aye, and
Republicans Alexander and Tarte voting no with 14 Dems). Passage in the
House, and signing by Governor Pat McCrory (R), are widely expected to
follow shortly.
In North Carolina, civil weddings are performed by county magistrates - bottom-rung appointed officers of the court whose other
duties
include such mundane tasks as hearing misdemeanor cases, presiding in
small claims court, administering oaths, setting bail, accepting guilty
pleas, and issuing subpoenas. These are undemanding but good-paying jobs
(requiring no post-secondary education, and paying as much as $57,000).
When a Federal court decision made same-sex marriage legal in North Carolina last October, eight NC county magistrates
resigned their positions
rather than face the prospect of violating their religious beliefs by
marrying same-sex couples. It should be easy enough for reasonable
people across the political spectrum to agree that those resignations
were the right thing to do. If you cannot reconcile your personal
beliefs with your job duties, you need to find a different job. An
orthodox Jew working at an oyster bar, a Sikh in a slaughterhouse, a
Quaker in the Marines, a Catholic in a Planned Parenthood clinic -
clearly none have a right to expect their employers to accommodate their
sincerely held religious objections, and so all need to re-evaluate
their career options. It's no different for civil servants, nor should
it be.
Rather than allow such an obvious solution to suffice, Republicans
are rushing to turn the issue into a social conservative rallying point
in the run-up to the 2016 elections in North Carolina (a state where
voters' opinions are evenly divided, with 44% approving of same sex marriage and 47% disapproving, with a 3% margin of error).
Phil Berger (R), president pro tem of the state senate and SB2's
primary sponsor, casts his argument for the bill in First Amendment
terms:
“If we’re not about holding up the rights guaranteed by our
constitution in this body, then all the other stuff eventually is not
worth very much,” he said. “We’re not saying that the First Amendment
outweighs any other right that might exist. We’re saying there should be
an accommodation when there is a conflict.”
SB2 would permit a magistrate with a "sincerely held religious
objection" to recuse him- or herself from performing weddings by the
simple act of so notifying the chief district court judge. No
examination of the sincerity of that belief (such as would-be
conscientious objectors face under Selective Service rules) would be
required. Neither would the recusing magistrate be required to state
exactly
what it is he objects to: same-sex marriage (which many
fundamentalist Christian denominations hold to be a sin), mixed-race
marriage (regarding which the
Fundamentalist Church of Jesus Christ of Latter Day Saints' prophet, Warren Jeffs,
proclaimed "If you marry a person who has connections with a Negro, you would become cursed"),
the re-marriage of a divorcee (which the Catholic Church holds to be a
sin), the marriage of a Christian and a Jew (sometimes frowned upon by
both religions), marriage between cousins (legal in North Carolina but
proscribed by the Catholic church), or what have you. Proponents of the
bill argue that it is therefore not discriminatory, as it does not
target a specific class of persons. As well, they continue, the law is
not discriminatory because recusal would bar the magistrate from
performing
any marriages for a period of six months...barring him from easily cherry-picking the marriages he will and will not perform.
In an further paroxysm of zeal for 'fair play,' SB2 goes even
further, permitting the reinstatement of any magistrate who resigned his
position following the Federal court decision rendering same-sex
marriage legal in North Carolina, with no loss of service time for
purposes of determining the magistrate's eligibility to collect a
pension.
Judging by news
reports, outnumbered opponents of SB2 offered all the right arguments during debate on the bill:
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