Tuesday, July 31, 2007

Amicus Says Upholding Gay Marriage In Iowa May Impact Churches

In Polk County, Iowa a suit is pending challenging the constitutionality of Iowa's Defense of Marriage Act. Six gay and lesbian couples have claimed that denying them marriage licenses violated the state constitution's equal protection and due process clauses. Yesterday's Iowa City Press-Citizen reported that an amicus brief filed in the case by the Becket Fund argues that recognizing same-sex marriage could lead to discrimination suits against religious institutions that refuse to extend employment benefits to such couples or which fire gay married employees to show church disapproval of such relationships. Such groups might also lose tax benefits or access to other government programs. The brief also raises the spectre of hate speech, incitement or conspiracy claims against preachers who have strongly denounced same-sex marriage if a congregant subsequently commits a hate crime against such a couple.