SD Legislature Considering Protection for Clergy, Businesses Against Being Forced to Perform Gay Marriages

By Michael Gryboski, Mainline Church Editor Tuesday, January 28, 2014

South Dakota's legislative body is mulling over two bills that seek to protect clergy and business owners from being forced to perform or host gay marriages.

Known as Senate Bill 66 and Senate Bill 67, the two bills were introduced last week and have been referred to the South Dakota Senate Judiciary Committee.

Republican South Dakota State Senator Ernie Otten introduced both bills, with SB 66 focusing on exemptions for clergy and SB 67 focusing on exemptions for businesses.

"No member of the clergy nor lay official of any church or religion may be required to solemnize any marriage, provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage, or treat any marriage as valid for any purpose if such action would cause any such entity or individual to violate their sincerely held religious beliefs," reads SB 66 in part.

"No person or any personal business may be required to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage, or treat any marriage as valid for any purpose if such action would cause any such person or personal business to violate the person's sincerely held religious beliefs," reads SB 67 in part.

Otten has stated that he introduced the bills as a way of protecting of churches and businesses from potential lawsuits by LGBT couples or organizations, reported the Associated Press.

"It's unconscionable that somebody from the outside would come in and bring a family business to ruin over activism," said Otten.

Same-sex marriage is not legal in South Dakota. In 2006, voters passed Amendment C, which defined marriage being between only one man and one woman.

"It would also prohibit the Legislature from allowing or recognizing civil unions, domestic partnerships or other quasi-marital relationships between two or more persons regardless of sex,"