Citing the freedoms protected by the 1st Amendment to the U.S. Constitution, the United Church of Christ (UCC) filed a lawsuit in U.S. District Court in Charlotte, NC today arguing that the state’s law defining marriage as being between a man and a woman was unconstitutional. The suit argues that the law prevents UCC ministers from performing their religious duties. North Carolina not only prohibits same-sex couples from obtaining a marriage license but it also goes a step further by making it a criminal offense for ministers to conduct a wedding without determining first whether the couple has obtained a license to marry. Ministers who violate the law can face as much as 4 months in jail.
In the lawsuit, the United Church of Christ argues that the North Carolina law violates the principle of “free exercise of religion”. The law conflicts with the church’s freedom to conduct marriage ceremonies for same-sex partners. The United Church of Christ has affirmed the right for gay and lesbian couples to marry since 2005.
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In conjunction with filing the lawsuit, UCC president Geoffrey Black stated:
The United Church of Christ is proud to defend the religious freedoms upon which this nation was founded. It is unfortunate that even today, laws are designed to treat gay and lesbian people unequally. In its efforts to restrict gay marriage, the State of North Carolina has restricted one of the essential freedoms of our ministers and of all Americans.
The UCC’s decision to file suit represents a bold step forward for the Christian left, which has often been relegated to the sidelines in American politics by the more aggressive Religious Right. The United Church of Christ is now using “Freedom of Religion” to defend the right of gay couples to marry, and aligning marriage equality with religious liberty. This approach flips the traditional argument for “religious liberty” used by conservatives on its head, and places marriage equality as consistent with both the U.S. Constitution and Christianity. Regardless of whether the lawsuit is successful or not, America benefits from a resurgent Christian Left that offers a counterbalance to the toxic ideology of the Christian Right.
Keith Brekhus is a progressive American who currently resides in Red Lodge, Montana. He is co-host for the Liberal Fix radio show. He holds a Master’s Degree in Sociology from the University of Missouri. In 2002, he ran for Congress as a Green Party candidate in the state of Missouri. In 2014, he worked as a field organizer for Democrat Ann Kirkpatrick’s successful re-election bid in Arizona’s 1st Congressional District. He can be followed on Twitter @keithbrekhus or on Facebook.
