Gov. Pat McCrory put pragmatism ahead of politics.
On Thursday afternoon, McCrory said he would block a bill allowing state officials to opt out of performing marriages due to a “sincerely held religious objection.”
In a prepared statement announcing the veto, the governor correctly pointed out that magistrates and deputy registers of deeds have sworn oaths to abide by state and federal law.
“Whether it is the president, governor, mayor, a law enforcement officer or magistrate, no public official who voluntarily swears to support and defend the Constitution and to discharge all duties of their office should be exempt from upholding that oath,” he said.
McCrory was right to short-circuit the shortsighted measure. His move prevents our slide down a slippery slope that could lead to public officials choosing which laws they will uphold and enforce.
Senate Bill 2 came on the heels of federal court rulings last October that declared North Carolina’s ban on same-sex marriage unconstitutional, clearing the way for gay and lesbian couples to wed.
The bill would allow magistrates and register of deeds workers to recuse themselves from performing all marriages, not just same-sex unions. Problem is, officiating the civil ceremonies is a core duty of both jobs.
SB 2 supporters said they were merely protecting state employees’ First Amendment religious freedom. But their narrow reading of the Bill of Rights fails to take into account the very same amendment’s Establishment Clause, which prevents government from adopting or endorsing specific religious beliefs.
The Free-Exercise Clause on which bill sponsors seem to rely protects all American citizens’ freedom to attend religious services, pray and worship without government interference. It does not allow individuals who choose to work for the government to impose their beliefs on others through their official capacity or use those beliefs as a pretense to discriminate against, obstruct or inconvenience others.
If we’re willing to give magistrates the option of not performing marriages, will we do the same for every state and local official who claims a conflict between faith and duty?
Jehovah’s Witnesses don’t believe in swearing oaths of loyalty or allegiance. Should they be exempt from taking oaths of office for elected and appointed posts they decide to seek?
That kind of disruptive accommodation could have far-reaching consequences, as criminal charges in Scotland County have been thrown out because arresting officers were not properly sworn in.
We all have the right to follow the dictates of our conscience. There is no such thing, however, as a constitutional right to work in government.
McCrory says he shares the belief that marriage should be between a man and woman. But he isn’t willing to sign off on letting others ignore state and federal law.
Though he’s often lumped in with Republican legislative leaders by critics of North Carolina’s conservative shift, McCrory has shown a healthy independent streak. This isn’t the first GOP bill to receive his veto stamp.
If the General Assembly continues to be consumed with divisive social issues at the expense of jobs and growth, it probably won’t be the last.