Is Coeur d’Alene Forcing Pastors to Marry Gay Couples or Face Jail and/or Fines?

Theology and Politics from a Conservative, Biblical Perspective

“Coeur d‘Alene, Idaho, city officials have laid down the law to Christian pastors within their community, telling them bluntly via an ordinance that if they refuse to marry homosexuals, they will face jail time and fines.”

The above statement from the Washington Times seems to make clear the intentions of city officials to force pastors to perform weddings. The problem arises from the fact that the owners of the Hitching Post refused to marry a gay couple. Hitching Post is a verified for profit business. It is not an official church, but is it a religious entity?

I put a call into the City of Coeur d’Alene and spoke with a nice woman named Amy (the Mayor’s assistant). She indicated it would be best for me to talk with the city’s legal department so she transferred me there. Another nice, friendly woman by the name of Judy answered the phone and told me that the city attorney was not in at the moment but she expected him back in soon. Judy was also kind enough to point me to the city council’s page with the minutes for each meeting.

It was about 45 minutes after I hung up with Judy that a gentleman by the name of Mike Gridley, the city of Coeur d’Alene’s attorney, responded to my initial inquiry about the city’s ordinance that allegedly wants to put pastors who refuse to marry gay couples in jail, face a fine, or both.

Mr. Gridley informed me of the city’s code and provided me a link to it. There, the actual ordinance in question can be viewed by anyone. The link to the specific ordinance is here (Chapter 9.56
DISCRIMINATION IN HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATIONS PROHIBITED). In short, the ordinance is a reflection of federal guidelines that prohibit any form of discrimination based on gender, race, ethnicity, religion, etc. There is also a very clear exemption contained in the ordinance which reads as follows:

“A. Notwithstanding any other provision herein, nothing in this chapter is intended to alter or abridge other rights, protections, or privileges secured under state and/or federal law. This chapter shall be construed and applied in a manner consistent with first amendment jurisprudence regarding the freedom of speech and exercise of religion.

“B. This chapter does not apply to:

1. Religious corporations, associations, educational institutions, or societies.

2. An expressive association whose employment of a person protected by this chapter would significantly burden the association’s rights of expressive association under Boy Scouts Of America v. Dale, 530 U.S. 640 (2000).

3. The United States government, any of its departments or agencies, or any corporation wholly owned by it; or the state of Idaho or any of its departments, agencies, or political subdivisions, other than the city of Coeur d’Alene.

“C. This chapter shall not apply: 1) to the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the lessor or a member of his family resides in one of the housing accommodations, or 2) to the rental of a room or rooms in a single-family residential housing accommodation by an individual if he or a member of his family resides therein. (Ord. 3466, 2013)”

Readers should clearly note that point “B” lays out the matter of exemptions to this ordinance. Please note that “religious corporations, associations, educational institutions, or societies” are exempt. What this means is that any religious organization (and notice that it does not stipulate that said religious organization must be “non-profit” either), is fully exempt from having to marry people whom they do not want to marry.

Mr. McGridley told me that this is done to protect religious organizations. Let’s say a gay couple goes to a church in the city of Coeur d’Alene and wants the minister of that church to marry them. On religious grounds, that minister kindly refuses to comply. The gay couple then goes to the city to file a complaint. That gay couple would be shown the existing ordinance and that would be that. Would that gay couple be able to sue the city? Yes, anyone can sue anyone for anything. Would the gay couple win? No, but that would not stop those on the left to create a false narrative to help gain public support. Conservatives do that as well it would seem.

Mr. Gridley mentioned that Hitching Post is exempt from having to marry anyone who shows up on their doorstep because they filed papers that made them a religious organization some time ago. Nevertheless, the Alliance Defending Freedom (ADF) is suing the city on behalf of the owners of the Hitching Post. From my discussion with Mr. Gridley, this suit makes absolutely no sense. The city has moved to dismiss the pending lawsuit because there is no chance that Hitching Post will be prosecuted for not marrying a gay couple (see below).

The city has effectively issued a written letter (which includes a legal statement/opinion), to Attorney David A. Cortman, stating the following (in part):

“Based on the facts presented to the city by your clients’ pleadings in the above referenced lawsuit and further review and analysis of the city’s anti-discrimination ordinance
(MC 9.56.010, et seq.) it is my opinion and the city’s position that as currently represented, the conduct by Hitching Post Weddings L.L.C. is exempt from the requirements of the ordinance and would not be subject to prosecution under the ordinance if a complaint was received by the city.” (emphasis added)

The above information was quoted directly from one of two letters Mr. Gridley sent me as part of my research and to include in this article. In essence then, there is absolutely no reason for the Hitching Post to pursue a lawsuit against the city of Coeur d’Alene, ID since the city has officially issued to them a formal letter stating that they would be exempt from any prosecution if someone filed a complaint stating that the Hitching Post refused to marry them because they are gay.

Yet, if you read the knockout paragraph that heads this article, we learn the exact opposite. The truth of the matter is simple. Any official religious organization falls under the list of exemptions for the code in question. The city wants to keep government and religion separate and they’re doing just that.

There are real, serious attacks on Christians and Christianity happening in America. This does not appear to be one of them. Let’s save the fear-mongering rhetoric for those situations that are actually attempting to force Christians to go against their beliefs, shall we?

Theology and Politics from a Conservative, Biblical Perspective