Constitutional Law, Criminal law, Politics, Religion

Same-Sex Marriage Showdown: Idaho Ministers Told To Perform Same-Sex Marriages Or Face Fines

post1There is an interesting case out of Idaho that could be a critical showdown between anti-discrimination laws and freedom of exercise of religion. At the heart of the controversy are two Christian ministers, Donald and Evelyn Knapp, who own a Coeur d’Alene wedding chapel. They have been told that they must either perform same-sex weddings or face a $1000 fine. It raises a legitimate claim of the encroachment of state laws into areas of faith — a question that has been previously raised in less direct ways involving bakeries, photographers and other businesses that has refused for religious reasons to service same-sex marriages. We have previously discussed the difficulty in drawing lines under the First Amendment. If this business is protected, then why is not a bakery of religious individuals? Conversely, if this business is not protected, how about all of the religions that accept payments for religious services?


The case centers on the Hitching Post Wedding Chapel in Coeur d’Alene, which is registered with the state as a “religious corporation” limited to performing “one-man-one-woman marriages as defined by the Holy Bible.” However, unlike most churches, this is registered as a for-profit business. It is not unique in such a status, but that distinction could prove determinative in the case.

The city has an ordinance passed last year that prohibits discrimination based on sexual orientation in matters of housing, employment and public accommodation. As a for-profit business, the ordinance does not treat the Hitching Post Wedding Chapel any different from a car wash.

Of course, it is different in the character of its work. The controversy however has played out in a variety of different contexts. This is an issue that we previously discussed when Harvard banned men from workout areas to satisfy the demands of Muslim women as well as other accommodations at other universities. Conversely, cities have banned the boy scouts because they exclude gay scout leaders and were thus discriminatory organizations. We have also seen private businesses who have been forced not to discriminate against homosexuals such a bakeries, florists, and photographers. I have previously written on the growing collision of free exercise of religion and anti-discrimination laws. Where does one draw the line where a florist cannot bar a homosexual but a grocery can bar males? The inherent conflicts in these cases leaves us without a single cognizable rule.

That is why this case could be so important. While I have long supported gay rights and same-sex marriage, I am sympathetic with the Knapps. I have great concern over the state telling a religious business to violate the core of its religious values. One possible distinction would be to require a non-for-profit status, but that distinction does not answer all of these questions. Churches and synagogues often receive payment for marriages even though they are non-for-profit. Moreover, most not-for-profit corporations are non-religious. The distinction avoids the key question: do people (and corporations) have a right to follow core religious principles. The recent ruling in Hobby Lobby would seem to support such a claim.

The case in Idaho is the perfect microcosm of the various national issues swirling around same-sex marriage. Same-sex marriage has long been illegal in Idaho so this issue had not arisen for the couple. However, last week the U.S. Court of Appeals for the Ninth Circuit issued an order on May 13 allowing same-sex marriages to commence in Idaho on Oct. 15. It was just two days later that the couple received a call asking for a same-sex wedding ceremony. When they declined, they were contacted by the city.

I believe that the couple has a strong argument under the First Amendment as well as Idaho’s Religious Freedom Restoration Act. Regardless of one’s view of the merits, however, this could be a defining moment for constitutional law.

Source: Spokesman

660 thoughts on “Same-Sex Marriage Showdown: Idaho Ministers Told To Perform Same-Sex Marriages Or Face Fines”

    1. Squeeky – Heaven forbid we allow it to become a fundamental human right!!! Still, they allow gay marriage in Europe. I have two friends in Belgium, heterosexual with 2 kids, who both think that the United States is “funny”, when it comes to our stance on rights. In Belgium…home of the World Court.

    2. What’s really funny, Squeeky, is that if the European court HAD allowed that same sex marriage was a fundamental human right and someone had posted it here, there would be all sorts of cries about “This isn’t Europe!!!”. No, we should be further along in rights than Europe – unless they are rights that someone doesn’t like.

  2. The only true immigrants … the Puritans … English speaking …

    “[Thou] leathern-jerkin, crystal-button, knot-pated, agatering, puke-stocking, caddis-garter, smooth-tongue, Spanish pouch!” – Shakespeare (Henry IV, part I)

  3. They are good friends of my daughter and I am not related to them. The wedding is next summer, and I do think they are off to a good start. They both have family support and good careers.

  4. @swm

    True, I don’t know them. i am just going by the odds. I hope for their sake that they are as faithful to each other as you believe they are, and I truly hope that my doubts are misplaced.

    Squeeky Fromm
    Girl Reporter

  5. @maxcat06

    If I had quoted the White American Middle Class Christian Values Committee, you would have probably objected, too. Anyway, if you didn’t know that 1 in 5 gay men is HIV positive, I would submit that it is probably you who needs to do some reading up on the topic. There are all kinds of articles out there from lots of sources, if you are interested in learning more about this.

    Squeeky Fromm
    Girl Reporter

    1. Squeeky –
      I can just as well take your point from the link you quoted. Why? Because I’m not frightened about it, nor does it change my mind about gays, their lives, their rights, or whether or not they are going to remain my friends. I believe the CDC, unlike some I’ve read recently, who would believe them for this statistic, and then turn around and say that they’re lying about Ebola. What it boils down to is that it’s not going to change how I live my life. Your 40% claim is if one infected man sleeps with another, which, of course, you believe they will. as I’ve said, I wash sheets and towels following visits, I DO wash my hands a lot, and have never heard of HIV or AIDS becoming airborne.

      1. Tyger – My specialty is Ben Jonson. However, to know Ben you have to know Will Shakespeare because they were best buds. English teachers all over America have ruined Shakespeare for kids and that is sad. I have seen productions of Shakespeare that would have him still spinning in his grave (if they ever find his grave). That said. There is nothing like seeing Shakespeare done by talented people under a talented director in real life. I saw a live broadcast of Richard Burton’s Hamlet and that is when I realized how good Shakespeare could really be. In I think the 1960s or 70s, the BBC did a production of all of Shakespeare’s plays. They were somewhat uneven, but generally good. I remember working on a project and the TV was on in the other room. I remember coming into the room to remark how good the writing was and then realizing it was a Shakespeare that I had never seen on stage.

  8. @swm

    Is the CDC being uncivil??? From the above link and excerpt:

    Having more sex partners compared to other men means gay and bisexual men have more opportunities to have sex with someone who can transmit HIV or another STD. Similarly, among gay men, those who have more partners are more likely to acquire HIV.

    Squeeky Fromm
    Girl Reporter

  9. @SWM

    Odds are, at least one of them is not monogamous. They may even be monogamish. Which you may find this interesting.

    http://www.huffingtonpost.com/mark-brennan-rosenberg/are-gay-men-scared-of-monogamy_b_4377924.html

    Whatever. I read somewhere that gay men being in a monogamous relationship is perversely an additional risk factor for HIV, because they cease using condoms. And, since at least of them is probably cheating, the other one loses his protections.

    Squeeky Fromm
    Girl Reporter

  10. max, I switched to a 30 for 30 doc on ESPN about the Knicks and MSG. Trooper York is a born and bred Brooklyn Knicks, Yankees, Giants fan. I bet he’s watching it as well. I’ll check back w/ the game later.

  11. Squeeky “I do think we are morally obligated to give the gay males hell over their reprehensible and filthy behavior.” uncivil

  12. Squeeky. I change the bed linen when every guest leaves, and provide fresh linen and towels when they arrive.

  13. @Dredd

    Amurka can’t be saved. Its stupid people are too frigging stupid. Its smart people are too frigging stupid, too. Amurka hasn’t been hurt enough yet. Sooo, things will get far worse before they ever get better.

    As far as gays, believe it or not, I really don’t much care one way or the other about them. I am much more worried about other things. I do think we are morally obligated to give the gay males hell over their reprehensible and filthy behavior. They are, after all, killing themselves and others. Plus, I don’t like sucking up to PC Puritans.

    Squeeky Fromm
    Girl Reporter

  15. nick, I think it was on the football player thread. I think I was one of the first deletions. lol

  16. Speaking of laughable English, anyone ever hear the comment about the possibility of “fish” being spelled “ghoti”? “gh” as in enough, “o” as in “women”, and “ti” as in “nation”. I pity any adult non-English speaker trying to learn the language.

  17. “What this boils down to, when you have a gay male couple stay over, there is a 1/5 + 1/5 = 2/5 or 40% chance that there is the HIV virus in the couple.” Squeeky The couple I was speaking of is a young monogamous healthy engaged gay couple. I have known one of them for nine years. They are both very healthy.

  18. Darren Smith

    Dredd,

    I’m curious; why all the Shakespearian quotations?
    ========================================
    Like Gallager, I find English to be totally laughable.

  19. SWM, Give me some context on the “white privilege” deletion. I’m surprised you’ve ever been deleted!

  20. Squeeky Fromm
    Girl Reporter,

    Is your problem that your father did not give you enough attention?

    You hate berate gay men because their lifestyle does not increase male attention toward you?

    Just wonderin’ …

    I mean … or … you just out savin; Amurka ??

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