If gay marriage is legalized and gays were refused church weddings, could they file discrimination lawsuits?

If so, how would these suits be effected by the first amendment?If gay marriage is legalized and gays were refused church weddings, could they file discrimination lawsuits?
I assume not, but there is another way in which recognition of same-sex marriage might affect religious freedom. I am thinking of tax exemptions.





During the civil rights movement, the tax exemption regulations were amended to include a public policy exception - organizations otherwise exempt under Section 501(c)(3) of the Internal Revenue Code lost that exemption if they were racially discriminatory - even if it was a church.





Any legislation that in effect treated sexual orientation the same as race, in terms of anti-discrimination laws would most likely be followed by expanding the public policy exception to churches that were deemed to discriminate against gays. The logic - that the government withdraw tax exemption from private entities (even churches) that discriminate against government-defined categories - would seem to lead inescapably to this result. But the problem would be that by doing so, the government would be discriminating against one set of religious beliefs in relation to another. And, as opposed to racial discrimination, the situation would exist without the kind of national consensus about gay rights that we achieved about the injustice of racial discrimination, and with arguably a far more central tenet of the religion being at issue (since many religious leaders led the abolition and civil rights movements, I don't think much of an argument can be made that discrimination against African-Americans was in any way a fundamental teaching of the Judeo-Christian religions).





This could be a huge issue.





Here's an article I just found, and skimmed. I am not familiar with the author or the source, and this article might be biased. but it should give some background, for what it's worth:





http://www.becketfund.org/files/70e6d.pd鈥?/a>





PS Another link, from the same group. They obviously have their point of view, but it's at least one side of the story:





http://www.becketfund.org/files/34a97.pd鈥?/a>If gay marriage is legalized and gays were refused church weddings, could they file discrimination lawsuits?
They could file a lawsuit, but very unlikely they would win because of the separation of church and state.





Churches are exempted from being compliant with the ADA (Americans with Disabilities Act) and a person with a disability wouldn't win a lawsuit if a church didn't have a ramp.





However, most churches do try to make their place of worship accessible to all, because it's the right thing to do. Their practices do vary and a gay couple may have to shop around for the right church if they wish to marry in one.
I imagine that anyone can file suit if they choose, but the only article I can find of an actual suit is from last year, when a lesbian couple filed suit against a church for refusing to allow them to have a civil union on their premises. The article indicates that the church was trying to avoid going to court and would mediate with the couple.





As far as how any suits would be affected by the 1st Amendment, that remains to be seen. Could be tricky for the government to tell a church they have to do something, while trying to maintain the image of separation of church and state.






This is a short list of churches under suit in state courts for denying homosexual couples things they want:





California Lutheran High School is being sued for discrimination for expelling two lesbian students. The lawsuit seeks to compel the school to violate its religious beliefs regarding sexual morality, by forcing it to change its policies and practices, or close down.





Catholic Charities in Massachusetts was forced to close down its adoption agencies for its refusal to place children with same-sex couples. The city of Boston and its children lost the services that accounted for some 75 per cent of all adoptions because it refused to accommodate Catholic Charities鈥?religious convictions and practices


.


In New York, Yeshiva University, an Orthodox Jewish school, was required to open up its married student housing facilities to same sex couples.





In Berkeley and San Diego, scouting groups have been denied the use of free public facilities they historically enjoyed, for refusing to agree to permit gay men to serve as scout leaders.





Ocean Grove Camp Meeting Association, a Methodist facility in New Jersey, has lost a discrimination case filed by a same sex couple that was denied permission to use the chapel for a civil union ceremony. It is on appeal. In a related case, the Association has been stripped of its exemption from real property taxes.





A family planning clinic and its Christian doctors in California have been sued by a lesbian couple for discrimination, and the lower courts have ruled that they cannot even raise any religious freedom defense. The case is on appeal to the California Supreme Court, where the Church State Council filed a brief.





The New Mexico Human Rights Commission awarded $6,600 in legal fees to a same sex couple, when a Christian wedding photographer refused to film their commitment ceremony because it violated her religious beliefs.





If these are not blatant violations of the First Amendment to the USA, then our country is lost Our Founding Fathers feared religious persecution for a reason; the next step is tyranny.
Good question! But I would say no. Churches are allowed to choose who they marry. We're talking about civil marriage here.





For example, a friend of mine wanted to get married in her Catholic church to a man who wasn't Catholic. They said they never do that unless the man takes classes there for several months! They got married in his church instead. I've heard Catholic churches, in particular, are very choosy about who they marry, but I've never heard of anyone suing them, have you?





But there is an interesting idea there. The first amendment bans government from making laws that interfere with the practice of religion, meaning that churches are allowed to refuse to marry gays. But what if a church refused to marry a black couple? Would that be legal? Probably not. I'm not sure! If it's illegal to refuse to sanction a marriage because of race, or even religion, then it would be for gays too.





I doubt it will be a problem, though. There are gay-friendly churches that would love to have church weddings for gay people.
No, since churches have the right to refuse performing marriage for anybody that they want. Churches in my area often won't perform a marriage if one of the people has been married before.


Besides, I don't think that the government would be able to get involved, thanks to the serperation of church and state.
No. Churches have the right to refuse to marry anyone they want. And, there are other places other than a church weeding to get married. A justice of the peace can perform the marriage in a non-religious format.





Marriage is NOT only a religious ceremony. It is also a LEGAL union.
Not all churches would turn them down.





As it is, there are churches who refuse to conduct certain marriages; I'm pretty sure those folks can't sue the church.





Notice, churches can't be sued for other discrimination they commit (against Blacks and women, for instance).
Doubtful, for example some churches currently have restrictions against divorced members marrying.





Usually one choses a church that follows its values. For example, as a Reform Jew my church has performed marriages for gay and lesbian couples since 2000.
No. For example, the Supreme Court declared interracial marriage legal about 40 years ago, but some churches still don't do it. There has never been a successful lawsuit about this. Marriage licenses from the government are completely independent of religion.
No church or minister is required to marry anyone.
I forget the name of it - but I am sure that church would marry them. It's the one Chris Reeves attended. They would probably all go there. But it looks like most just do city hall.
No