ADF offers guidance to Wis., Ind., Utah officials responsible for issuing marriage licenses
ADF reaffirms constitutionally protected freedom of conscience of clerks
Wednesday, Oct 15, 2014
Attorney sound bite: Kellie Fiedorek
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The counsel is similar to that which ADF provided previously in legal memos for officials in Maine, Maryland, Minnesota, New York, Oklahoma, Rhode Island, Virginia, and Washington. The memos advised officials who have conscience-based objections to issuing certain marriage licenses that they can lawfully delegate responsibility for issuing those licenses to deputies or assistants who don’t have the same objections. The same is true for officials in Wisconsin, Indiana, and Utah.
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“This should resolve the situation and facilitate the interests all parties’ interests,” the memos explain. “Should a clerk encounter resistance to their efforts to resolve a conflict, the First Amendment to the United States Constitution ensures that neither state nor county officials may impede clerks’ free exercise of religion.”
“In addition, ensuring that clerks are not forced to issue licenses contrary to their conscience is consistent with Title VII’s requirements that employers, including governmental employers, must reasonably accommodate the religious beliefs or practices of their employees,” the memos add. “In other words, an employer must make reasonable adjustments to the work environment, or to the employee’s job requirements, to ensure that the employee’s ability to maintain his or her religious conscience remains unimpeded. Clerks are certainly no exception to this rule.”
Any clerks who face legal difficulties or would like legal advice regarding their duties as they pertain to issuing marriage licenses can contact ADF free of charge at (800) 835-5233.
- Pronunciation guide: Fiedorek (Fih-DOHR’-eck)
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
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