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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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  •  There's a whole body of law on what (0+ / 0-)

    constitutes a "religious belief."  As I said elsewhere, if this matter ever came to litigation, those bringing a lawsuit would have to prove a "sincerely held" "religious belief" under the law.  

    The Clerk avoided problems, or even potential litigation, but taking the kind of action that has generally been seen to be "reasonable accommodation" under the Civil Rights laws.

    •  There are two legal issues at odds here (0+ / 0-)

      Sincere religious belief versus discrimination against those seeking public services.  None of your examples address the conflict of rights, only the accommodation for belief.  The Walden case is not for a government agency so they are different issues.  Furthermore counseling is a very different service than a clerk processing paperwork, as it requires the former to empathize with the clients or the work cannot be done effectively.

      Here are some examples of what would constitute the same issues as the Maryland clerk's office.

      Can a city building inspector refuse to certify mosques because he sincerely believes they are an invalid religion and God will strike the building down, causing death and destruction to innocent neighbors?

      Can an Orthodox Jewish county health inspector refuse to certify non-kosher restaurants because they are unclean per Leviticus?

      Can a Saudi-American DMV clerk refuse to grant any women a drivers license per Wahhabist teachings?

      Can a Wiccan public high school principal refuse to allow male students to take certain subjects because such knowledge is "inappropriate to their nature"?

      Can a Creationist public school teacher refuse to accept science papers about evolution because they affront her view of the world?

      Can a Catholic state meat inspector refuse to license stores that thwart teachings and sell meat on Fridays?

      Can an atheist family court judge refuse custody to any religious parents because they are, in her sincere belief, harming the child's worldview?

      I'm sure people can come up with more examples where someone's beliefs may be sincerely held, but shouldn't be acted upon because they would harm members of the public in doing so.

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