Politics & Government

'Clever' Bills Would Require Clergy to Bless All Marriages

With Supreme Court ruling potentially legalizing gay marriage in all 50 states days away, lawmaker wants government out of the equation.

With a U.S. Supreme Court ruling that could legalize gay marriage in all 50 states just days away, a Michigan lawmaker has proposed legislation that would require that members of the clergy sign off on marriage licenses.

Rep.Todd Courser, R-Lapeer, who introduced a trio of bills in the Michigan House of Representatives that require a religious leader’s blessing, said in a statement that his intent is to “take our public officials on all levels out of the equation and frees them from sanctioning marriages that go against their beliefs.”

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“I stand wholeheartedly and unequivocally for traditional marriage, and feel the definition of marriage should not be within the realm of the federal government,” Courser said in the statement.

The government would still issue marriage licenses under House Bills 4731, 4732 and 4733, but municipal and judicial officials would no longer have the authority to perform wedding ceremonies.

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Ashlyn kuersten, a constitutional law expert at Michigan State University, told The Detroit News she thinks the legislation is an attempt at an end-run around what she expects to be a Supreme Court ruling overturning bans against same-sex marriage in 13 U.S. states, including Michigan.

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“For Michigan to fiddle with the details is clever,” she said. “I guess it’s not surprising that Michigan would do it.”

Bill Green, interim director of the state LGBT advocacy group Equality Michigan, told The Detroit News he expects more of the same type of legislative proposals in “an attempt to marginalize a potential same-sex marriage constitutionality by the Supreme Court.”

The newspaper said Courser is drafting, but has not yet introduced, Pastors’ Protection Act legislation that would allow religious leaders to refuse to perform marriages that go against their beliefs.

Supporters such as state Rep. Cindy Gamrat, R-Plainwell, said the bills would protect the religious liberties of citizens and clergy.

“We’re going to be one of those states that are going to be affected by this,” she said. “This gives us the opportunity to look into that, ways to look at getting the bill stronger. It has to start somewhere.”

The court is expected to rule on gay marriage appeals in Michigan, Kentucky, Tennessee and Ohio before adjourning the current term at the end of June. The court is considering two key questions: whether states have the power to ban gay and lesbian marriages, and whether states can refuse to recognize marriages performed outside their borders.

Courser’s bills were referred to the House Committee on Government Operations.

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