Churches consider changing by-laws to protect against same-sex marriage lawsuits

By Dr. Susan Berry

In the wake of the Supreme Court’s decisions regarding the Defense of Marriage Act (DOMA) and California’s Prop 8, some attorneys are encouraging churches to change their by-laws as a means of protection against lawsuits from same-sex couples.

While some in the wedding industry have experienced legal difficulties due to their refusal to serve gay couples, thus far there have been no suits against churches.

Following the High Court’s ruling in June, President Obama said in a statement:

On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation’s commitment to religious freedom is also vital. How religious institutions define and consecrate marriage has always been up to those institutions. Nothing about this decision – which applies only to civil marriages – changes that.

Nevertheless, more than several conservative and Christian journalists still seemed skeptical that the president’s promise would be kept.

The Associated Press reported Saturday that some churches fear that sooner or later one of them will be sued for declining to perform a same-sex marriage.