RALEIGH, N.C. — More than 30 magistrates in North Carolina have refused to perform weddings since a law went into effect allowing officials to refrain from conducting marriage-related activities.

The state court system says it’s received notices from nearly 5 percent of the state’s 670 magistrates since a law took effect in June allowing them to opt out of performing all marriages. The law exempts court officials with a “sincerely held religious objection” and is designed for those opposing gay marriage. Only Utah has a similar recusal law.

The North Carolina law also applies to some register of deeds workers. Elected officials would perform the duties as a last resort.

State Sen. Phil Berger, who sponsored the law, said it is probably preventing situations like the one in Kentucky, where a clerk has refused to issue licenses since the U.S. Supreme Court’s landmark decision in late June legalizing same-sex marriage nationwide. The North Carolina law exempts magistrates and assistant and deputy register of deeds workers from carrying out all marriage ceremonies – gay and heterosexual couples – for at least six months when they notify their bosses of the religious objection. Register of deeds issue marriage licenses, while magistrates have authority to officiate marriages.

Sarah Preston with the American Civil Liberties Union in North Carolina said in a release that while it was troubling to hear that government officials would refuse to perform a part of their job, “it’s clear that the vast majority of magistrates are more than willing to serve all members of the public fairly and equally.”


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