FAQ: Do States That Allow Same Sex Marriages Require Clergy To Perform The Ceremonies?

Frequently Asked Questions About Same Sex Marriage

While most states still prohibit same sex marriage, a few states do recognize same sex marriages as a legal union. Most recently, the California Supreme Court held that barring same sex couples from obtaining a civil marriage was unconstitutional and therefore, prohibited by state law. As a result, same sex couples are now allowed to obtain a civil marriage (as of June 17, 2008). Civil marriages are essentially legal unions regulated by the state and the court ruled that, as such, should be available to all residents of California, regardless of sexual orientation.

This ruling does not however, require religious organizations to recognize same-sex marriages or perform the ceremonies as all religions have the right to establish their own requirements for what constitutes a religious marriage.

States that allow same sex marriages have simply established the right to marry under civil law. This marriage can be performed by a Justice of the Peace, Judge or other civil official depending on state law. That said, there are a number of churches that have opened their arms to the gay community and are performing traditional weddings in the church for same sex couples. A marriage performed by such a clergy member would be considered legal as well.

See The Complete Guide to Gay and Lesbian Weddings for more information on same sex wedding ceremonies.