Judge considering religion requirement

[rug]

By Steve Green
Monday, Sept. 26, 2011 | 7:01 p.m.

A judge is weighing a request by Clark County to dismiss a lawsuit challenging Nevada’s requirement that nongovernmental officials be affiliated with a religion in order to perform marriages.

The suit was filed in March by attorneys for the American Civil Liberties Union against the state and Clark County contending the religious test violates the constitutional separation of church and state — specifically, the First Amendment clause that says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Nevada law says marriages can be performed by government officials, including judges and civil marriage commissioners, but that anyone else wishing to perform wedding ceremonies must show they are affiliated with a church or religious organization.

During a hearing Monday before U.S. District Judge Philip Pro in Las Vegas, an attorney for Nevada Attorney General Catherine Cortez Masto said she should be dismissed from the lawsuit since the Attorney General’s office has nothing to do with enforcing the state marriage law, leaving it up to counties.

http://www.lasvegassun.com/news/2011/sep/26/judge-considering-religion-requirement/

[David Sky]

1. Any law like this is clearly able to be litigated in federal courts.

For any state to make a religious qualification upon any elected or appointed official of government: immediately should be dismissed as unconstitutional.

Case closed.

What is taking so long to get these zealous Christians out of screwing around with our government?

[darkstar3]

2. The legal argument will be that they are not government officials.

Now you and I both know that they are representatives of the government, because they are performing the governmental function of validating a marriage license, but the argument they will make is that these are not really government officials.

[Deep13]

3. Yeah, it's a position of public trust...

...which makes it a violation of Article VI. Slam dunk for the plaintiff.

[jberryhill]

4. Elvis is affiliated with a religion?

[LeftishBrit]

5. Affiliated with a religion? Elvis IS a religion!

[chaplainM]

6. "no religious test" predates the First Amendment

It's in Article VI, paragraph 3 of the original Constitution.

..."no religious test shall ever be required as a qualification to any office or public trust under the United States."