North Carolina Church Sues to Make Same-Sex Marriage Legal

A church in North Carolina filed a lawsuit against the State of North Carolina claiming that the state violates the 14th Amendment of the Constitution by restricting the definition of marriage as between one man and one woman. Though this is the first time a church sues to overturn a state's marriage laws, it comes as no surprise.   

The plaintiffs, The United Church of Christ and a number of other ministers of the church as well as individuals, have come together to file the suit. The United Church of Christ has for more than 30 years "adopted resolutions affirming lesbian, gay, bisexual, and transgender ('LGBT') persons."

The suit was filed in the United States District Court for The Western District of North Carolina Charlotte Division. They also claim that Sub-Section 51-1, 1.2, 5, and 6 of the North Carolina State Statutes violate their 1st Amendment right to practice their faith because it prohibits a minister from performing a marriage ceremony unless the people who are going to be married have obtained a license for the marriage.

The foundation of the lawsuit

The lawsuit on its merits argues two things. First, the plaintiffs argue that §51-6 makes it a crime to perform a same-sex wedding ceremony because it prohibits a minister from conducting the ceremony unless the two people being married have acquired a marriage license. The law reads as follows:

No minister, officer, or any other person authorized to solemnize a marriage under the laws of this State shall perform a ceremony of marriage between a man and woman, or shall declare them to be husband and wife, until there is delivered to that person a license for the marriage of the said persons, signed by the register of deeds of the county in which the marriage license was issued or by a lawful deputy or assistant."

Based on the 1st Amendment, the plaintiffs argue that §51-6 prohibits ministers from conducting a religious same-sex ceremony. Though the law only prohibits a ceremony being performed without a license if the marriage is between a man and a woman.  However, in my opinion, the church will likely win this argument because the plain meaning of the law interferes with a church's and minister's right to conduct religious ceremonies unless the state first gives them permission. 

Let me explain. The court will likely reason that just because a minister conducts a ceremony does not mean that the state has to recognize it. Therefore, churches and ministers are free to practice their religious beliefs without state interference or fear of criminal prosecution.

Ministers often break the law

As it stands right now, all throughout the state of North Carolina and many other states there are couples that marry in churches but do not apply for a marriage license. Though their reasons for not acquiring a marriage license vary, the North Carolina law makes it a Class 1 misdemeanor for a minister to perform a ceremony of marriage unless a marriage license has been procured. Many ministers of the gospel in North Carolina have committed Class 1 misdemeanors because they performed the ceremony without requiring the couple to produce to them a marriage license, even if the minister performed the ceremony and did not sanction it as a civil marriage. Several clergy conferences teach pastors and leaders the importance of knowing the laws of the state where they will conduct a wedding. This is true in particular when you travel to another state to conduct a wedding. Subsection 51:7 of North Carolina law reads as follows:

§51:7:  Every minister, officer, or any other person authorized to solemnize a marriage under the laws of this State, who marries any couple without a license being first delivered to that person, as required by law, or after the expiration of such license, or who fails to return such license to the register of deeds within 10 days after any marriage celebrated by virtue thereof, with the certificate appended thereto duly filled up and signed, shall forfeit and pay two hundred dollars ($200.00) to any person who sues therefore, and shall also be guilty of a Class 1 misdemeanor.

Secondly, the plaintiffs argue a 14th amendment violation. In the lawsuit they are "calling for an end to discrimination and for equal protection under the law." The 14th Amendment states the following:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

They claim that to not allow same-sex couples to marry, the state is enforcing laws that abridge privileges that are given to heterosexual couples. Additionally, they also claim that the state's marriage laws are largely based on traditional Christian values, giving unconstitutional preference to one religion over another. When it comes to the definition of marriage, the current legal trend that exists right now is for proponents of same-sex marriage to file suit in federal courts, as they usually lean in their favor.  

At the present moment there are federal lawsuits filed against state marriage laws in over 22 states. This means that the struggle will likely end up in the Supreme Court.

The effect on the church

If the federal court rules that the North Carolina State Constitution and its laws violate the U.S. Constitution, it will not force ministers of the gospel to conduct same-sex weddings. However, it will serve as a reminder of the changing face of our nation. While the vast majority of churches all across America oppose same-sex marriage, increased pressure from the media and publicly traded corporations, the marketplace, and other venues have begun to create a chilling effect on many church leaders. I often hear ministers whisper when they talk about same-sex attraction or same-sex marriage. 

I also notice that many ministers struggle from the pulpit when they preach about sexual sin, particularly homosexual activity. It seems that they stumble over themselves, because no matter how they say it, they are going to be labeled as HATERS. Here is my advice to ministers who find themselves in that struggle. Blessed are you when they revile and persecute you, and say all kinds of evil against you falsely for My sake. Rejoice and be exceedingly glad, for great is your reward in heaven" (Matt. 5:11, 12).