This weekend, as you have no doubt seen in news headlines across the country, Governor Andrew Cuomo (D-NY) signed into law a bill recognizing same-sex marriage. What you may not have seen are details of the final negotiating points that helped bring a majority in the State Senate: provisions added to the bill that assure religious organizations and clergy that there is no requirement to officiate or facilitate any marriage. The NYTimes reports:
A RELIGIOUS CORPORATION INCORPORATED UNDER THE EDUCATION LAW OR THE RELIGIOUS CORPORATIONS LAWS SHALL BE DEEMED TO BE
IN ITS NATURE DISTINCTLY PRIVATE AND THEREFORE, SHALL NOT BE REQUIRED TO PROVIDE ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVILEGES RELATED TO
THE SOLEMNIZATION OR CELEBRATION OF A MARRIAGE.
A REFUSAL BY A BENEVOLENT ORGANIZATION OR A RELIGIOUS CORPORATION, INCORPORATED UNDER THE EDUCATION LAW OR THE RELIGIOUS CORPORATIONS LAW,
TO PROVIDE ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVILEGES IN CONNECTION WITH SECTION TEN-A OF THIS ARTICLE SHALL NOT CREATE A CIVIL
CLAIM OR CAUSE OF ACTION.
...NOTHING IN THIS ARTICLE SHALL BE DEEMED OR CONSTRUED
TO PROHIBIT ANY RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION,
OR ANY ORGANIZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES,
WHICH IS OPERATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A
RELIGIOUS ORGANIZATION FROM LIMITING EMPLOYMENT OR SALES OR RENTAL OF
HOUSING ACCOMMODATIONS OR ADMISSION TO OR GIVING PREFERENCE TO PERSONS
OF THE SAME RELIGION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS
CALCULATED BY SUCH ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR
WHICH IT IS ESTABLISHED OR MAINTAINED.
...
A clergyman or minister of any religion, or by the senior leader,
or any of the other leaders, of The Society for Ethical Culture in the
city of New York, having its principal office in the borough of Manhattan, or by the leader of The Brooklyn Society for Ethical Culture,
having its principal office in the borough of Brooklyn of the city of
New York, or of the Westchester Ethical Society, having its principal
office in Westchester county, or of the Ethical Culture Society of Long
Island, having its principal office in Nassau county, or of the River
dale-Yonkers Ethical Society having its principal office in Bronx coun
ty, or by the leader of any other Ethical Culture Society affiliated
with the American Ethical Union; PROVIDED THAT NO CLERGYMAN OR MINISTER
AS DEFINED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW, OR SOCIETY
FOR ETHICAL CULTURE LEADER SHALL BE REQUIRED TO SOLEMNIZE ANY MARRIAGE
WHEN ACTING IN HIS OR HER CAPACITY UNDER THIS SUBDIVISION.
A REFUSAL BY A CLERGYMAN OR MINISTER AS DEFINED IN SECTION TWO OF
THE RELIGIOUS CORPORATIONS LAW, OR SOCIETY FOR ETHICAL CULTURE LEADER TO
SOLEMNIZE ANY MARRIAGE UNDER THIS SUBDIVISION SHALL NOT CREATE A CIVIL
CLAIM OR CAUSE OF ACTION.