PLEASANT HILL, Iowa — A
letter issued by the Alliance Defense Fund and the
Iowa Family Policy Center Wednesday offers free legal defense by ADF attorneys to county recorder offices that adopt a
policy protecting employee rights of conscience. The policy would protect objecting employees from being forced to issue marriage licenses to same-sex couples if doing so would violate the employee’s conscience.
"Government employees who believe in marriage as the union of one man and one woman should not be penalized for abiding by their beliefs," said ADF Senior Legal Counsel Doug Napier. "This policy allows an employee who does not wish to violate his or her own conscience by issuing a marriage license to a same-sex couple to abstain and allow the transaction to be performed by someone who is willing to do it. Forcing them to participate in offensive acts contrary to their deeply held beliefs in order to remain employed is unconstitutional."
The letter states, "One of the most foundational rights and liberties we enjoy as Iowans is the right of conscience, as evidenced by Iowa Code §146.1. This right is based upon the simple truth that it is wrong to force anyone to violate his or her conscience."
Iowa Attorney General Tom Miller distributed a
statement Tuesday to county recorders threatening legal action against any recorder’s office that does not abide by the
Iowa Supreme Court's April 3 decision that struck down the state’s Defense of Marriage Act.
"Contrary to the threatening statement issued by Attorney General Tom Miller on April 21st, the citizens of Iowa enjoy the protections of the right of conscience guaranteed in the U.S. and Iowa constitutions--the very constitutions that county recorders swore to uphold when taking office," Napier explained. "Mr. Miller conveniently omitted any discussion of their rights of conscience or the recorders’ duty to protect the rights of their employees. This right of conscience protects individuals against heavy-handed coercion by the state, including the attorney general, and serves as the first line of defense against the cancer of tyranny."
- Letter from ADF and Iowa Family Policy Center to county recorders (includes proposed policy)
- Statement from Iowa attorney general to county recorders
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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