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Old 09-08-2015, 04:22 PM  
kane
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Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
Quote:
Originally Posted by $5 submissions View Post
I think this might be closer to the answer but still raises the 'why doesn't she just quit if she doesn't want her name on gay marriage certificates' question...

Which brings up the 'surprise' employment term change implied in the first post.

Maybe the answer is some sort of 'grandfather clause' application of selective clerk name application.

Is that a 'reasonable accommodation based on faith'? The US Supreme court has case law regarding this.

Or does it open up the whole 14th amendment Equal Protection issue again because there are 'artificial' lines being drawn among people who are 'similarly situated'?

What do you think?

Early on there were reasonable accommodations based on faith offered. It was suggested right from the start that she just let her clerk issue certificates to gay couples and the problem would be solved, but she refused. She continued to refuse that compromise until she spent a few days in jail then suddenly it looked like a pretty good deal.
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