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Ohio bill would protect pastors who refuse to perform same-sex marriages
By Marc Kovac
COLUMBUS
Pastors and churches would be protected from lawsuits and prosecution for refusing to officiate or play host to same-sex marriage ceremonies, under legislation being considered in the Ohio House.
Rep. Nino Vitale, R-Urbana, offered the legislation in response to the U.S. Supreme Court decision earlier this year that overturned gay marriage bans in Ohio and other states.
“Religious freedom and the freedom to worship is the most sacred to the foundation of our country and state,” Vitale told the House’s Community and Family Advancement Committee on Tuesday, where House Bill 286 had its initial hearing. “In fact, I dare say that liberty is the direct end of government, and for many, that liberty is played out in our ability to freely worship without force or threat. Religious leaders in the state of Ohio must be absolutely secure in the knowledge that religious freedom is beyond the reach of government or coercion by the courts and fines.”
The legislation, titled the “Ohio Pastor Protection Act,” would enable ordained or licensed ministers and religious societies to refuse to solemnize marriages or allow marriage ceremonies that “do not conform to [their] sincerely held religious beliefs,” according to an analysis by the state’s Legislative Service Commission.
HB 286 also would allow churches to block such ceremonies from properties they own. The legislation includes immunity from civil or criminal actions that result from such refusals.
In testimony, Vitale quoted opinions written by U.S. Supreme Court Chief Justice John Roberts and Justice Clarence Thomas, voicing concern that pastors and churches could be forced to participate in same-sex marriage ceremonies.
“No matter if you support someone’s lifestyle or not, I do not think anyone, from a social group or a religious group, should impose their will on someone else,” he said.
The legislation prompted opposition from Democratic members of the Community and Family Advancement Committee.
“It would seem to me the First Amendment would protect these rights for churches,” said state Rep. Kevin Boyce, D-Columbus.
State Rep. Michele Lepore-Hagan of Youngstown, D-58th, said the legislation was reminiscent of laws from decades past that banned interracial marriages.
She added, “Churches are tax-exempt, and they get tax breaks. They don’t pay taxes, and so they’re being favored to discriminate in a sense with this law.”