Judge throws out appeal of gov official refusing to do gay marriage.

[Fishking]

This is the right decision. You fill a government job, you do the stuff that you're required to do. I am against these things being forced on private entities but this isn't a private entity. Doing your public job is not a violation of your religion.

MSN

www.msn.com

On Nov. 3, the Austin-based 3rd Court of Appeals sided with the trial court in dismissing all of Dianne Hensley’s claims. She failed to make her case, the three-member panel wrote, that the State Commission on Judicial Conduct violated her religious freedom by reprimanding her for performing weddings solely for heterosexual couples.

 

[Jetboogieman]

She'll be at a Christian Convention in 6 months time talking about "Freedom".

But people like her I think confuse "Freedom" with "Freedom From".

Not "freedom to".

When you are a public official, you are forced to do 2 things:

Abide by public policy and fulfill your role as determined by government policy and law.

Or resign in protest, use your 1st amendment rights to change/protest that law, run for office or have a wine infused pity party at home for all I care...

 

[TheGoverness]

This is the right decision. You fill a government job, you do the stuff that you're required to do. I am against these things being forced on private entities but this isn't a private entity. Doing your public job is not a violation of your religion.

MSN

www.msn.com

On Nov. 3, the Austin-based 3rd Court of Appeals sided with the trial court in dismissing all of Dianne Hensley’s claims. She failed to make her case, the three-member panel wrote, that the State Commission on Judicial Conduct violated her religious freedom by reprimanding her for performing weddings solely for heterosexual couples.

Hear hear. Same thing with that lady from Kentucky a few years back.

If this is too much to where it compromises your religious faith, then resign.

 

[tshade]

This is the right decision. You fill a government job, you do the stuff that you're required to do. I am against these things being forced on private entities but this isn't a private entity. Doing your public job is not a violation of your religion.

MSN

www.msn.com

On Nov. 3, the Austin-based 3rd Court of Appeals sided with the trial court in dismissing all of Dianne Hensley’s claims. She failed to make her case, the three-member panel wrote, that the State Commission on Judicial Conduct violated her religious freedom by reprimanding her for performing weddings solely for heterosexual couples.

In fact any public business should do the same

 

[Fishking]

In fact any public business should do the same

There is no public business. Public = government. Private = not government and if you mean should be compelled by law, no, they shouldn't.

 

[tshade]

There is no public business. Public = government. Private = not government and if you mean should be compelled by law, no, they shouldn't.

If it's open to the public., they should have to serve everyone

 

[Glitch]

This is the right decision. You fill a government job, you do the stuff that you're required to do. I am against these things being forced on private entities but this isn't a private entity. Doing your public job is not a violation of your religion.

MSN

www.msn.com

On Nov. 3, the Austin-based 3rd Court of Appeals sided with the trial court in dismissing all of Dianne Hensley’s claims. She failed to make her case, the three-member panel wrote, that the State Commission on Judicial Conduct violated her religious freedom by reprimanding her for performing weddings solely for heterosexual couples.

The Texas Oath of Office for judges and justices is:

''I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.”

She violated her oath of office and should be impeached immediately.

 

[Fishking]

The Texas Oath of Office for judges and justices is:

''I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.”

She violated her oath of office and should be impeached immediately.

Pretty sure the person swearing in does not have to say "So help me God".

 

[Rino]

Pretty sure the person swearing in does not have to say "So help me God".

No, in fact that's why "affirm" is in there as an alternative. "Swearing" is something you to do God.

 

[Rino]

If it's open to the public., they should have to serve everyone

Yep. The term is "public accommodation." And under the Civil Rights Act, they do have to serve everyone. Today, at least. We'll see what happens when SCOTUS starts handing down decisions in June.

 

[Peter]

Pretty sure the person swearing in does not have to say "So help me God".

Yep, that would obviously bar any other religion or atheists from taking that position.

 

[Grand Mal]

Pretty sure the person swearing in does not have to say "So help me God".

If the government can refuse to legally marry gay couples they need to remove all the tax and pension benefits marriage provides.

 

[notquiteright]

If the government can refuse to legally marry gay couples they need to remove all the tax and pension benefits marriage provides.

Might be what some radical religious 'christians' want to do. Reverse laws on same sex relationships like they did on Roe...

 

[Gordy327]

Yep, that would obviously bar any other religion or atheists from taking that position.

Which is unconstitutional.

 

[Seth]

This is the right decision. You fill a government job, you do the stuff that you're required to do. I am against these things being forced on private entities but this isn't a private entity. Doing your public job is not a violation of your religion.

MSN

www.msn.com

On Nov. 3, the Austin-based 3rd Court of Appeals sided with the trial court in dismissing all of Dianne Hensley’s claims. She failed to make her case, the three-member panel wrote, that the State Commission on Judicial Conduct violated her religious freedom by reprimanding her for performing weddings solely for heterosexual couples.

As long as their county courthouse makes someone available to perform the wedding, I don't see the harm in letting any individual opt-out; and no I don't care why that individual would want to opt-out, religious reasons or otherwise.

 

[weaver2]

As long as their county courthouse makes someone available to perform the wedding, I don't see the harm in letting any individual opt-out; and no I don't care why that individual would want to opt-out, religious reasons or otherwise.

A county official represents the laws and procedures of the county. If s/he is going to pick and choose what laws and procedures they will honor, follow and obey why should the citizens follow the law? Letting everybody pick the laws they decide to follow that day isn't tolerance it's just chaos. And it's a stupid way to run anything, especially a government at any level.

 

[Jason Warfield]

As long as their county courthouse makes someone available to perform the wedding, I don't see the harm in letting any individual opt-out; and no I don't care why that individual would want to opt-out, religious reasons or otherwise.

Part of the problem is that the Bible makes it clear that you can do business with and fulfill your duties with sinners without fear of going to hell....as long as you do not commit the sin yourself. Now, that's just on the personal, religious side of things.

The other part of the problem is that government is supposed to be secular. The Constitution points that out in two places. Government has no place in religion and vice versa. If you work in government, elected, appointed or hired; that is what is expected of you. If you cannot fulfill that, no problem...don't take the job.

On a common sense approach....if your religion forbids you from handling a dead pig at any point, then you shouldn't work in a factory where you only slaughter pigs...or play football (Leviticus 11:8). Meaning, if you cannot marry a same-sex couple in government job that requires you to do that including straight marriages, don't take the job that requires you to do that.

Also, the Bible is pretty clear on judging people on matters of belief and sin....it isn't up to you, it is up to God, so do the job and let God worry about it. God doesn't like you acting in his stead...so don't.

 

[Seth]

A county official represents the laws and procedures of the county. If s/he is going to pick and choose what laws and procedures they will honor, follow and obey why should the citizens follow the law? Letting everybody pick the laws they decide to follow that day isn't tolerance it's just chaos. And it's a stupid way to run anything, especially a government at any level.

By that logic since YOU didn't perform the their wedding that means YOU weren't honoring the law.

 

[Seth]

Part of the problem is that the Bible makes it clear that you can do business with and fulfill your duties with sinners without fear of going to hell....as long as you do not commit the sin yourself. Now, that's just on the personal, religious side of things.

The other part of the problem is that government is supposed to be secular. The Constitution points that out in two places. Government has no place in religion and vice versa. If you work in government, elected, appointed or hired; that is what is expected of you. If you cannot fulfill that, no problem...don't take the job.

On a common sense approach....if your religion forbids you from handling a dead pig at any point, then you shouldn't work in a factory where you only slaughter pigs...or play football (Leviticus 11:8). Meaning, if you cannot marry a same-sex couple in government job that requires you to do that including straight marriages, don't take the job that requires you to do that.

Also, the Bible is pretty clear on judging people on matters of belief and sin....it isn't up to you, it is up to God, so do the job and let God worry about it. God doesn't like you acting in his stead...so don't.

What the bible says one way or the other is irrelevant.

A couple wanted to marry, a specific Justice refused, the couple was married by someone else, the Justice was reprimanded, the Justice appealed the reprimand, and the appeal was declined on the grounds that the reprimand only happened 1 time.

If the Justice keeps refusing to wed same-sex couples and continues to be reprimanded for it, the Justice will then have legal grounds to appeal the reprimands under religious freedom.
I hope Justice does so because anyone should be able to opt out of service as long as someone else is available to provide that same service. The couple gets wed, the individual who objects doesn't have to participate, and everyone gets everything they want. Win/win.

 

[weaver2]

What the bible says one way or the other is irrelevant.

A couple wanted to marry, a specific Justice refused, the couple was married by someone else, the Justice was reprimanded, the Justice appealed the reprimand, and the appeal was declined on the grounds that the reprimand only happened 1 time.

If the Justice keeps refusing to wed same-sex couples and continues to be reprimanded for it, the Justice will then have legal grounds to appeal the reprimands under religious freedom.
I hope Justice does so because anyone should be able to opt out of service as long as someone else is available to provide that same service. The couple gets wed, the individual who objects doesn't have to participate, and everyone gets everything they want. Win/win.

Opt out of laws that offends your God, stuff that your God says is wrong, that your God doesn't want you doing. God is right, legislatures are are dens of sin. Yeah; opt out. Let someone else do it. What could possibly go wrong.

In the words of the American writer Ann Lamott:
“You can safely assume you've created God in your own image when it turns out that God hates all the same people you do.”

 

[Super Chief]

Don't like the job you are hired to do, quit and find a different job. She isn't special.

 

[Fishking]

As long as their county courthouse makes someone available to perform the wedding, I don't see the harm in letting any individual opt-out; and no I don't care why that individual would want to opt-out, religious reasons or otherwise.

Because it's their job.

 

[Seth]

Because it's their job.

That statement does not illustrate harm. Try again. The couple in question was wed, the Justice opted out, the supervisors got to save political face by reprimanding the Justice, and the Justice will have grounds to appeal the reprimands if they continue. Everyone got everything they wanted. Win/win.

 

[JBG]

That statement does not illustrate harm. Try again. The couple in question was wed, the Justice opted out, the supervisors got to save political face by reprimanding the Justice, and the Justice will have grounds to appeal the reprimands if they continue. Everyone got everything they wanted. Win/win.

I would assume that if some government official performed the wedding there would be no issue. It would seem that the officer in question would have a constitutional right not to perform one if there was someone else available. I can't and won't give legal advice outside of New York and certainly not on an anonymous forum.