Quote:
Originally Posted by TripletDaddy
Under what legal authority would someone be able to sue a church for not performing gay marriage?
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The Boy Scouts were caught under New Jersey's public accommodation law, the issue being around the freedom of association. The applicability of such a law to churches would be different, as would the section of the First Amendment it falls under.
But I don't put it past gay organizations to try, or sympathetic judges to rule in their favor. Or perhaps a legislature will test the courts by actually legislating it, though that is much more unlikely because they are answerable to the people.
The fact that gay marriage statutes were overturned in two states by 4-3 margins, and the Dale case was won 5-4 suggests to me there are razor margins in the judiciary on this issue.