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View Diary: MD County Clerk reassigns deputies so they won't have to marry gay couples (258 comments)

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  •  It's quite simple, actually. (0+ / 0-)

    The EEOC laws and requlations allow for reasonable accomodations for religious beliefs.

    The St Mary's County Clerk of the Court came up with a reasonable accomodation in this instance of an actual case.

    In your hypothetical case, a person would have to state that their religious beliefs did not condone inter-racial marriages.  Are there still people out there who believe that? Yes.  But the reality is that those types of believers are normally found in sects that are so opposed to the government, their religious beliefs would preclude them from holding the position of clerk of the court at all, or any government job for that matter.

    So the answer to your question could be yes.  If you didn't want to marry an inter-racial couple, you could claim a religious exemption, and the Clerk of the Court would deny it.  It would then be up to you to take it to court, conduct the marriage, or quit your job if your convictions were that dear to your heart.

    Dont Mourn, Organize !#konisurrender

    by cks175 on Thu Dec 27, 2012 at 05:58:05 PM PST

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    •  You are begging the question (8+ / 0-)

      Explain to me, please, why it is that the analysis isn't exactly the same? The hypothetical racist clerk should lose if she goes to court. Why? It is per se unreasonable to offer official imprimatur to discrimination. And if the law says otherwise, the law is wrong.

      In principle, I see no difference here.

      Ok, so I read the polls.

      by andgarden on Thu Dec 27, 2012 at 06:00:52 PM PST

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      •  Principle may be on your side, but the law is on (1+ / 0-)
        Recommended by:

        the side of the clerk making the accomodation.

        If this really frustrates you, you're real beef should be with the EEOC's guidelines on religious accomodations, not one example of the accomodation being utilized.

        Dont Mourn, Organize !#konisurrender

        by cks175 on Thu Dec 27, 2012 at 06:03:17 PM PST

        [ Parent ]

        •  Please go on the record explicitly (4+ / 0-)
          Recommended by:
          JesseCW, Smoh, skrekk, madhaus

          Is it your understanding of the law that a religiously motivated racist clerk could refuse to perform an interracial marriage?

          Ok, so I read the polls.

          by andgarden on Thu Dec 27, 2012 at 06:04:32 PM PST

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          •  The lack of a response here is telling (1+ / 0-)
            Recommended by:

            Ok, so I read the polls.

            by andgarden on Thu Dec 27, 2012 at 06:10:23 PM PST

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          •  If my answers haven't been clear to you, it's only (0+ / 0-)

            a sign of your stubborn refusal to see the difference between common sense and theory.

            I cleary stated that a religious exemption would not be granted to a clerk who did not want to marry an inter-racial couple.  So the answer to your question is no, a clerk could not do so.

            Of course they could try.  But they would fail.  (At least in Maryland they would, I don't know how your courts in Iowa would handle it)

            Dont Mourn, Organize !#konisurrender

            by cks175 on Thu Dec 27, 2012 at 06:12:06 PM PST

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            •  Your stubborn refusal to offer a principled (2+ / 0-)
              Recommended by:
              JesseCW, madhaus

              distinction is telling.

              What is so compelling as a "practical" matter here anyway? That it is much more common to dislike gay people and marriage equality on a religious basis?

              Ok, so I read the polls.

              by andgarden on Thu Dec 27, 2012 at 06:14:45 PM PST

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              •  Try taking another look at (1+ / 0-)
                Recommended by:

                Coffeetalk's citations on religious accomodations.

                Just because the objection doesn't seem reasonable to us, it doesn't make the accomodation unreasonable.

                I'm giving you the legal take on the issue.  

                I don't live in St Mary's County, but I do some business down there and I'm familiar with the culture (it's a rural county with some bedroom communities that are home to DC commuters.  There's also a Naval Air Station there so there's a lot of military personnel and vets in the area).  It's a red, conservative county.

                On principle you can win the argument, but in the real world application of law in society, the Clerk of the Court came up with a compromise, albiet distasteful to some.

                Here's the reality though with your choice, "perform the marriage or quit".  In today's economy, most of those clerks would perform the marriage.

                Now really, would you want to be married by a clerk who found your marriage objectionable and abhorent?  Or would you rather have the ceremony done by a willing  clerk?

                Dont Mourn, Organize !#konisurrender

                by cks175 on Thu Dec 27, 2012 at 06:24:53 PM PST

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                •  you obviously don't understand (5+ / 0-)
                  Recommended by:
                  J Orygun, renbear, Smoh, skrekk, madhaus

                  how offensive you sound or I doubt you would go on like this.

                  •  I might find your smear offensive, (0+ / 0-)

                    but wouldn't claim so without at least an explanation.

                    I voted for gay marriage here in Maryland, and all I'm doing here is pointing out that down in that county, the Clerk has found a way to provide equal support to gay and straight couples while avoiding the unpleasant scenario of having a clerk perform the ceremony who didn't want to be there.

                    I'm talking pragmatism here.  If might make the petulant andegarden happy to see an anti-gay marriage clerk forced to perform a ceremony, but I'm more interested in seeing the couple getting married be a part of a completely happy and joyous event where all the participants involved are happy to be there.

                    What the hell is so offensive about that?!

                    Dont Mourn, Organize !#konisurrender

                    by cks175 on Thu Jan 03, 2013 at 03:44:57 PM PST

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