Berger backs religious convictions of county magistrate
On Tuesday, Oct. 21, in front of the Rockingham County Courthouse, hundreds of people assembled around a podium to hear from Rep. Bert Jones, Sen. Phil Berger and former Rockingham County Magi…
Berger's bill offers gay marriage opt-out for magistrates
Published January 29, 2015
by Amanda Lehmert, Greensboro News-Record, January 29, 2015.
State Sen. Phil Berger filed legislation Wednesday that would allow magistrates and register of deeds employees to recuse themselves from issuing marriage licenses or marrying couples if they have a religious objection to gay marriage.
Berger (R-Rockingham) promised last fall to file the legislation after a magistrate in his home county resigned when he was not allowed to opt out of performing marriages for homosexual couples.
The legislation was the second Senate bill filed so far in this new legislative session, which officially got underway Wednesday.
Berger cast the legislation as an issue of religious freedom.
“This bill offers a reasonable solution to protect the First Amendment rights of magistrates and register of deeds employees while complying with the marriage law ordered by the courts — so they are not forced to abandon their religious beliefs to save their jobs,” Berger said.
The state’s constitutional ban on gay marriage was overturned in October, opening the door for hundreds of gay and lesbian couples to marry legally.
Democrats and gay rights advocates expressed concerns Wednesday that the law would legitimize discrimination.
“It allows an employee of the state organization to opt out of parts of the Constitution that they disagree with. It just seems like you can’t pick and choose what laws you are going to uphold based on religious beliefs,” state Rep. Pricey Harrison (D-Guilford) said. “Do you want to have one door for straight couples to go in to get their marriage license and one door for same-sex couples? ... Do we want to go back to that?”
Berger proposes religious conscience exemption
State Senate leader Phil Berger said today he will "file legislation to protect the first amendment and religious rights of magistrates, registers of deeds and their employees whose participat…
Berger’s bill, which is co-sponsored by Sen. Trudy Wade (R-Guilford) would allow magistrates and register of deeds employees not to perform marriages or issue marriage licenses for anyone if they have a “sincerely held religious objection.”
The bill would require chief judges, who supervise magistrates, and elected registers of deeds to make sure that those services are provided by someone else within their county. It also would require counties to provide at least 10 hours per week when people may get married in their jurisdiction.
The bill also would make sure that officials who refuse to perform those services are not charged with neglecting the duties of their office, a criminal misdemeanor.
Magistrates who resigned or lost their jobs as a result of this issue would be allowed to reapply for vacant positions, Berger said.
“While the courts have expanded of the freedoms of some, we must not ignore the constitutionally protected rights of others,” he said.
Democrats and civil rights groups expressed concerns that the legislation could open the door for state employees to refuse to do other duties based on personal beliefs.
Guilford County Register of Deeds Jeff Thigpen, a Democrat, said he has made accommodations for his employees who have personal objections to gay marriage.
“It’s nothing that I’ve made a big deal about. It’s nothing that I need legislation for,” Thigpen said. “I don’t need their permission. I just think it’s good management.”
He said it may be difficult for counties with fewer register of deeds employees to make the same decision and still be able to perform their legal duties.
The legislation was welcome news in Berger’s home county of Rockingham, where hundreds rallied last fall in support of John Kallam Jr., the magistrate who refused to marry same-sex couples because of his religious beliefs.
Kallam’s pastor, Steve Griffith of Osborne Baptist Church in Eden, said the situation was “just sad.”
“I talked to him last week. He still hasn’t found a job,” Griffith said. “It’s difficult. It cost him something to stand up for what he believes in.”
