Marriage redefinition doesn't trump religious freedom for Del. clerks

WASHINGTON — Alliance Defending Freedom is advising Delaware clerks of the peace that they do not have to violate their faith or conscience by solemnizing relationships inconsistent with their sincerely held religious beliefs about marriage.

A legal memo issued Friday advises clerks of the peace and their deputies that provisions in state law allow them to authorize a deputy to solemnize a marriage in the case of absence or disability. The memo explains that because the state offers an exemption to clerks in these cases, it also has an obligation to exempt clerks if their conscience prevents them from solemnizing certain relationships.

“No American should be forced to give up a freedom protected by the First Amendment, and no American should be coerced to give up his or her career to maintain that freedom,” said Litigation Counsel Kellie Fiedorek. “Religious freedom is guaranteed to every American, including those authorized to solemnize marriages under Delaware law. No one should have to choose between their conscience and their job in America.”

Fiedorek explained that Delaware can respect the faith and conscience of its clerks while providing no impediment to carrying out the law.

The memo states that, in light of Delaware’s “recent law redefining marriage to include same-sex couples,” some clerks “might believe that they face a serious dilemma: either resign their positions or violate their sincerely held religious beliefs by issuing marriage licenses to same-sex couples.” The memo explains, however, that in order to resolve this potential conflict, “the clerk may authorize a deputy to solemnize the marriage.”

The memo notes that “substitutes for solemnizations are plentiful, as Delaware law authorizes a robust list of persons authorized to solemnize a marriage, including all state and federal judges, any mayor, and any member of the clergy of ‘any religion.’”

The memo also explains that if clerks encounter resistance, they can contact Alliance Defending Freedom for free legal advice.

“Pertaining to marriage, President Obama said Wednesday, ‘On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation’s commitment to religious freedom is also vital,’” Fiedorek noted. “The Constitution extends this protection to all citizens, not just religious institutions. The government cannot force anyone to violate his or her sincerely held religious beliefs.”

Alliance Defending Freedom issued similar memos for clerks in Maine, Maryland, and Washington last year.