What do you mean by "the new law against gay discrimination"?
Gays have been a protected class in non-discrimination statutes nationwide for some time.
Do you mean the decision of Obergefell v. Hodges?
That case found same sex marriage to be a fundamental right, which means in SCOTUS terms the right is just as strong as freedom of religion.
What do you mean by "Christian marriage liscenser?"
Are you trying to describe a county clerk who happens to be of the Christian persuasion?
Reread your posts every now and again.
These things out of the way lets talk about the problem actually posed here. Does a county clerk who happens to be christian need to issue licenses to homosexual couples? (one should keep in mind the supreme court denied to hear her claim, and have now found her in contempt for refusing to comply. In practice this answered the question already)
If the supreme court had heard her appeal it would have turned on a balancing issue. The clerk believes that issuing gay marriage licenses interferes on her right to freely exercise her religion. This is weighed against the homosexual couples now fundamental right to marry.
Both of these are the highest order of rights the court observes, so in that sense they two sides are on even footing.
However there is also a founding principle in many areas of the law that the rights of one individual cannot extend to the point of impeding another's. This is exactly what the clerk is doing.
The homosexual couple are just applying to be married, their right to marry does not impede the right of the clerk to practice per se. (if they lived in another town or their paperwork was handled by a different clerk for example.)
It is unnecessary to explain or explore what the bible, the clerk's religion, or anyone's religion actually says on the issue. No religious beliefs allow one individual to deny another of his or her fundamental rights. (that the clerk is in fact a clerk actually makes the denial state action, so the case is even stronger).
As to the final note the clerk is not being jailed for her religion. She is being jailed because she failed to follow a direct order from the supreme court.
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