Religious Accommodations and Issuing Same-sex Marriage Licenses

hand signing a document

In the wake of the redefinition of marriage by the US Supreme Court in the Obergefell v. Hodges case, some Kentucky county clerks have contacted the National Center for Life and Liberty regarding their right as American citizens to be provided with a religious accommodation from participating in or personally authorizing a same-sex marriage ceremony.

It is our legal opinion that county clerks in the State of Kentucky, as well as in all other states, have an ongoing constitutional right to be provided with such a religious accommodation. Providing this accommodation is not an undue burden on either the State of Kentucky or the United States, nor is it an undue hardship on same-sex couples who request a license under the marriage redefinition provided by the Supreme Court.

For more information, read our full Legal Opinion Memorandum.