Liberty Counsel Files Intervention Defending Religious Freedom of NC Magistrates

FRANKLIN, NC - Today Liberty Counsel filed a motion for the second time to intervene in a lawsuit against a North Carolina law that provides a religious accommodation for magistrates who object to officiating or granting marriage licenses for same-sex couples. After Liberty Counsel filed intervention the first time, the ACLU withdrew the suit and then refiled it. Liberty Counsel has now filed intervention in this latest suit. Attorney General Roy Cooper, who is legally responsible to defend state law, has made public statements against state law SB 2 and has even made vetoing it a part of his campaign platform in his candidacy for governor.

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Last year Liberty Counsel filed suit against the state of North Carolina on behalf of the magistrates, seeking to protect their religious freedom. In response, the House and the Senate passed a law to accommodate the magistrates. The Governor vetoed the law, and both chambers overrode the veto. Now the ACLU has filed suit against the law, seeking to eliminate the accommodation. The law (SB 2) states: "Every magistrate has the right to recuse from performing all lawful marriages under this Chapter based upon any sincerely held religious objection" Both the U.S. Constitution and the North Carolina Constitution require accommodation of individuals' religious beliefs, regardless of their employment status. Liberty Counsel is representing, among others, Judge Brenda Bumgarner, who has an excellent record during her 10 years of service as a magistrate. "The North Carolina legislature passed a law to accommodate the religious convictions of the magistrates in order to avoid a situation similar to Kim Davis, where people are forced to choose between following their conscience or facing punishment. But, true to form, the ACLU objects to this reasonable accommodation. The magistrates should not be forced to violate their conscience, especially where there are reasonable options to accommodate their deeply held religious convictions," said Mat Staver, Founder and Chairman of Liberty Counsel.

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