Can Pastors and Churches Be Forced to Perform Same-Sex Marriages?
While churches are somewhat more susceptible than pastors in a few areas, both have actually significant security beneath the First Amendment as well as other conditions of legislation from being obligated to perform same-sex marriages. Also following a Supreme Court’s choice in Obergefell v. Hodges, 1 when the Court held that states must issue licenses for same-sex marriages and recognize such licenses given by other states, there’s no significant danger that pastors and churches may be compelled with a court to solemnize, host, or execute a marriage ceremony that is same-sex. Obergefell is just binding on states, and would not determine any spiritual freedom question — for pastors or someone else. While religious freedom challenges are anticipated that occurs going forward, they will certainly be targeted at other entities that are religious people first, as appropriate defenses for pastors and churches are quite strong. Here are instances along with other conditions of legislation explaining usually the defenses accessible to pastors and churches.
First Amendment — Free Exercise and Establishment Clauses (Ministerial exclusion)