Subject: I was just approaching it analytically
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Posted on: 2015-06-26 23:02:00 UTC

I know it has not been proposed, but I do know that that is probably going to be one of the arguments made in the coming months. So from an analytical stand point, if either a State or the Federal Government were to require that, then there would be a very large fight. Very similar to the fights that occurred during desegregation. Though the main difference between the two is which part of the First Amendment at issue.

During desegregation it was generally the right to association at issue. This would, and has been, largely be about Free Exercise and Establishment. And the Court's Jurisprudence on those topics is a complete mess, riddled with inconsistencies.

The more interesting question will not be forcing a minister from church A to preside over the ceremony, but whether the actual structure itself could be used. That will be a more interesting question. That I think under what trend the jurisprudence has developed, that it might be a case of, if you let different sex marriages in the building then you should let same-sex. But nothing is certain, because as I said, this field is a mess.


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