A mainline Protestant denomination is leading a landmark challenge to North Carolina’s ban on same sex marriage, charging that it is unconstitutional and restricts the ministers’ freedom of religion.
The Cleveland-headquartered United Church of Christ (UCC), which in 2005 adopted a marriage rights for all resolution, filed its suit Monday in U.S. District Court in Charlotte.
At issue are state bans on same sex marriage, cemented in an amendment to the state constitution in 2012, which make it a Class 1 misdemeanor for a minister to perform a marriage ceremony for a couple that hasn’t obtained a license. The UCC says this violates their clergy’s First Amendment rights. In a twist to an argument often cited by conservative organizations, the suit states:
Supporters of the suit state that “it is the only case to bring 1st Amendment religious freedom claims among the 66 marriage equality cases pending in courts nationally.”
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