In what appears to be a rather massive violation of the freedom of religion, the Republican party in Indiana appears to have amended the state criminal code to either make it a crime, or confirm that it remain a crime, for clergy to conduct weddings for gay couples.

While it is not widely known, numerous mainstream American religions permit gay nuptials. The faiths include reform Judaism, Evangelical Lutherans, Episcopalians, and the United Church of Christ, among others.

The amendment to the criminal code, which will go into effect on July 1, 2014, makes it a misdemeanor, punishable by up to 180 days in jail and a fine of $1,000 for clergy “solemnize” a marriage of two men or two women.

IC 31-11-11-7
Solemnization of marriage between persons prohibited from marrying
Sec. 7. A person who knowingly solemnizes a marriage of individuals who are prohibited from marrying by IC 31-11-1 commits a Class B misdemeanor.
As added by P.L.1-1997, SEC.3.

The tricky part is coming up with a definition of what “solemnizing” is. Is solemnizing conducting the marriage service, providing the married couple with a document attesting to their marriage, and/or submitting that document to the state? Depending on what exact definition of solemnizing Indiana uses, preachers might be thrown in jail for practicing their faith.

One answer to this question appears to be in this section of the Indiana code, which makes clear that solemnization is something that happens before the marriage certificate is filed with the clerk:

IC 31-11-11-8
Failure to timely file marriage license and duplicate marriage certificate
Sec. 8. A person who:
(1) solemnizes a marriage; and
(2) fails to file the marriage license and a duplicate marriage certificate with the clerk of the circuit court not later than ninety (90) days after the date the marriage was solemnized;

Note how solemnization is mentioned as something other than filing the marriage license. Solemnization is looking more and more like conducting a solemn wedding service. And that’s what priests and preachers and rabbis do. And it’s no business of the government telling them what they can and cannot do in their own church, synagogue or mosque.

A successful effort by the Indiana Republican party, which controls the state House and Senate, to legislate the permitted, and banned, practices of Jews, Lutherans, Episcopalians, and other mainstream faiths would appear to fly smack in the face of ongoing religious right efforts to brand the civil rights of gays as a threat to religion. In fact, it is anti-gay bigots who are now threatening to throw mainstream clergy in jail for simply practicing their faith.

The amended criminal code also addresses gay couples that apply for a marriage license at the county clerk. But, contrary to some reports that are saying the legislature made it a felony to apply for a “gay” marriage license, at least one Indiana newspaper is claiming that the legislature actually decreased the existing penalty for gay couples attempting to marry from a maximum of three years to 18 months.

What the amended law does is change the “crime” of applying for a “gay” marriage license from a Class D felony to a Level 6 felony – Class D was the lowest rung in the old system, Level 6 is the lowest rung in the new system. And with at least one Indiana press outlet claiming that the new Level 6 penalty is actually less than the old Class D, it’s not clear whether this might actually be a change for the better.

Along those same lines, it would be interesting to know whether it was illegal under the old criminal code for clergy to “solemnize” same-sex nuptials, or whether this is a new crime. Regardless, the state Republican party either made it a crime, or intentionally kept it a crime, in the amended criminal code they just enacted into law.

 MrDwhitey wrote:
Frankly I find it disgusting that theses gays keep trying to ruin the sanctity of marriage.

Go Indiana!

sqir666 wrote:

WTF, Rebulicans?

 hotsauceman1 wrote:
Still, it is disturbing that they think they can do that.

 hotsauceman1 wrote:
Still, it is disturbing that they think they can do that.

 Ahtman wrote:
Article

In what appears to be a rather massive violation of the freedom of religion, the Republican party in Indiana appears to have amended the state criminal code to either make it a crime, or confirm that it remain a crime, for clergy to conduct weddings for gay couples.

While it is not widely known, numerous mainstream American religions permit gay nuptials. The faiths include reform Judaism, Evangelical Lutherans, Episcopalians, and the United Church of Christ, among others.

The amendment to the criminal code, which will go into effect on July 1, 2014, makes it a misdemeanor, punishable by up to 180 days in jail and a fine of $1,000 for clergy “solemnize” a marriage of two men or two women.

IC 31-11-11-7
Solemnization of marriage between persons prohibited from marrying
Sec. 7. A person who knowingly solemnizes a marriage of individuals who are prohibited from marrying by IC 31-11-1 commits a Class B misdemeanor.
As added by P.L.1-1997, SEC.3.

The tricky part is coming up with a definition of what “solemnizing” is. Is solemnizing conducting the marriage service, providing the married couple with a document attesting to their marriage, and/or submitting that document to the state? Depending on what exact definition of solemnizing Indiana uses, preachers might be thrown in jail for practicing their faith.

One answer to this question appears to be in this section of the Indiana code, which makes clear that solemnization is something that happens before the marriage certificate is filed with the clerk:

IC 31-11-11-8
Failure to timely file marriage license and duplicate marriage certificate
Sec. 8. A person who:
(1) solemnizes a marriage; and
(2) fails to file the marriage license and a duplicate marriage certificate with the clerk of the circuit court not later than ninety (90) days after the date the marriage was solemnized;

Note how solemnization is mentioned as something other than filing the marriage license. Solemnization is looking more and more like conducting a solemn wedding service. And that’s what priests and preachers and rabbis do. And it’s no business of the government telling them what they can and cannot do in their own church, synagogue or mosque.

A successful effort by the Indiana Republican party, which controls the state House and Senate, to legislate the permitted, and banned, practices of Jews, Lutherans, Episcopalians, and other mainstream faiths would appear to fly smack in the face of ongoing religious right efforts to brand the civil rights of gays as a threat to religion. In fact, it is anti-gay bigots who are now threatening to throw mainstream clergy in jail for simply practicing their faith.

The amended criminal code also addresses gay couples that apply for a marriage license at the county clerk. But, contrary to some reports that are saying the legislature made it a felony to apply for a “gay” marriage license, at least one Indiana newspaper is claiming that the legislature actually decreased the existing penalty for gay couples attempting to marry from a maximum of three years to 18 months.

What the amended law does is change the “crime” of applying for a “gay” marriage license from a Class D felony to a Level 6 felony – Class D was the lowest rung in the old system, Level 6 is the lowest rung in the new system. And with at least one Indiana press outlet claiming that the new Level 6 penalty is actually less than the old Class D, it’s not clear whether this might actually be a change for the better.

Along those same lines, it would be interesting to know whether it was illegal under the old criminal code for clergy to “solemnize” same-sex nuptials, or whether this is a new crime. Regardless, the state Republican party either made it a crime, or intentionally kept it a crime, in the amended criminal code they just enacted into law.

Ayah that pretty much punches the First Amendment right in the face. I have faith gay rights groups and religions will punch back.

 KalashnikovMarine wrote:

Per Indiana State Code Solemnization is a legal term for what a priest or other holy type individual does before signing off on and sending in a marriage license.

IC 31-11-6-1 Persons authorized to solemnize marriages Sec. 1. Marriages may be solemnized by any of the following: (1) A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi. (2) A judge. (3) A mayor, within the mayor's county. (4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located. (5) A clerk of the circuit court. (6) The Friends Church, in accordance with the rules of the Friends Church. (7) The German Baptists, in accordance with the rules of their society. (8) The Bahai faith, in accordance with the rules of the Bahai faith. (9) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints. (10) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam.

 MrDwhitey wrote:
Frankly I find it disgusting that theses gays keep trying to ruin the sanctity of marriage.

Go Indiana!

Frankly, I find it disgusting that one can be so locked into his own dogmatic view of the "sanctity" of marriage.

 Iranna wrote:

 MrDwhitey wrote:
Frankly I find it disgusting that theses gays keep trying to ruin the sanctity of marriage.

Go Indiana!

Frankly, I find it disgusting that one can be so locked into his own dogmatic view of the "sanctity" of marriage.

Iranna.