RE: Ministers Threatened with Jail/Fines For Refusing to Officiate at Gay Weddings
October 23, 2014 at 4:44 pm
(This post was last modified: October 23, 2014 at 5:05 pm by Heywood.)
(October 23, 2014 at 4:28 pm)rasetsu Wrote: I think there is some confusion here regarding what a business is. A church is a business every bit as much as this chapel is. The difference is that a church has set itself up as a specific type of non-profit enterprise whereas this chapel has set itself up as a for-profit venture. There are unique obligations and priviliges which apply to each. One of the obligations you take on when incorporating a for-profit business in a state is that you agree to abide by the laws which apply to for-profit businesses in that state, including anti-discrimination laws. Different rules apply to non-profit churches. If you don't want to abide by the rules and laws which apply to for-profit businesses, don't incorporate as a for-profit business. Nobody told them they had to play, but once they decided to play the for-profit game, they have to obey the rules just like any other for-profit business.
First amendments rights don't cease to exist when you incorporate. You are just plain wrong if you think they do. However, laws do trump first amendment rights when they apply to everyone(this law does not as it exempts church ministers selling the same product) and when they serve a compelling government interest(gays are not being disenfranchised as there is a courthouse 400' away). The fact that a law can trump the First Amendemnt in limited situations is why you can't use the First Amendment as cover for killing someone.
