Last week, the U.S. Supreme Court issued a 5-4 decision in Obergefell vs. Hodges, which means same-sex marriage is legal nationwide. However, that does not mean that judges or ministers will have to perform the ceremonies of same-sex couples. I understand the concerns many of you have with this issue and I want to assure you there are still some options for those who are legally able to perform marriages in our state.

We’ve had a lot of ministers calling the office voicing concerns over their religious freedom.  They are afraid they will have to perform same-sex marriages.  After some research, I can tell you that is simply not true. The court’s decision is based on constitutional grounds only, it does not affect ministers, priests or any religious entity.  These individuals were not a part of the decision, only “officers of the state” are. Those people included are judges, recorder of deeds, officers of the state, period. No religious organization is affected, they do not have to perform same sex marriages if it is against their religious beliefs. 

Judges’ religious beliefs don’t play into the equation. They are an arm of government and they must comply with the ruling.  However, Missouri’s statute reads:  a judge “may” perform the act of marriage.  If they choose not to, then they can’t marry anyone.  They have that right, but they can’t pick and choose to marry some and not others; it’s an all or none deal.

If the judges and/or recorders of deeds are uncomfortable with the ruling, they can contact their local prosecuting attorney and ask that the prosecutor request an attorney general’s opinion.  In the meantime, however, they will have to issue marriage licenses to anyone who requests it and pays the fee.

I personally do not agree with the ruling for biblical reasons and I think this issue should be a states’ rights issue. I do look forward to hearing the debate between other lawmakers, as I am sure this topic will be mentioned several times between now and next January when session begins.

What is most reassuring to many I have spoken to is that there are options. No one is being forced into performing an act of marriage they feel violates their beliefs and religious freedoms. That is one of the beautiful things about this country. We have rights. And while we may not always agree with others, we all have the right to our opinions and to express those opinions, as long as we are not infringing on others’ rights. While this ruling has left many feeling uneasy, it does not present a danger to anyone’s religious freedoms.