Tennessee Gov. Bill Lee recently signed a bill into law that allows public officials to refuse to solemnize marriages.
When I initially heard about the bill, I was under the mistaken impression that it applied only to ministers. However, upon further examination, I realized that it goes much further than that. Rather than simply reaffirming the right of ministers to refuse to perform marriages, the law also allows for discrimination by public officials in the solemnization of marriages. I believe this aspect of the law raises serious equal protection questions.
I have been a strong supporter of the freedom of private individuals to associate – or choose not to associate – with whomever they please.
While I fundamentally disagree with discrimination, I also believe that a free society must respect the rights of private individuals to choose their associates. But if we want to preserve the equally important principle of equal protection, then freedom of association cannot apply to public officials.
Laws must be........