Wedding chapels can’t say no to same-sex marriages, ACLU warns

CARSON CITY — While religious institutions and officials have the right to refuse to marry same-sex couples, the same is not true for commercial businesses such as Nevada wedding chapels, officials with the ACLU said Thursday.

“That’s not religious freedom, that’s discrimination,” said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project.

Tod Story, executive director of the ACLU of Nevada, said that in Nevada, “open for business means open to all.”

Even so, there are a few wedding chapels that are refusing to or have indicated they will refuse to perform same-sex marriages, he said.

“While we recognize the sincerely held religious beliefs of these individuals, we would hope that they would recognize that same-sex couples are seeking their services for the same reason as opposite-sex couples, and that is to commit to the person they love and want to share their life with, nothing more, nothing less,” Story said.

Nevada’s public accommodations law, which prohibits commercial businesses and other entities from discriminating based on sexual orientation, among other factors, was first passed in 1965.

“Nevada law requires that these places of business offer their services to every customer,” Story said.

Dolly de Leon, owner of the Vegas Wed Chapel, said she will continue to refuse personally to officiate at same-sex weddings, but she knows that her business is subject to Nevada’s public accommodation law.

“I’m not above the law,” she said.

De Leon said one potential option is to hire licensed ministers to perform same-sex marriages at her chapel. Otherwise, de Leon said she could try to fight the issue in court or close her business down.

“I would not do it myself,” she said, citing her personal religious beliefs.

Clark County Clerk Diana Alba said her office does have to license minsters or notaries to perform marriages at wedding chapels but does not have authority over the chapels themselves.

Chapel operators should consult with their own attorneys about how to proceed, she said. But chapels are public accommodations and have to follow the public accommodation law, Alba said.

Her office has issued 295 licenses to same-sex couples since the 9th U.S. Circuit Court of Appeals ruling overturning Nevada’s ban on same-sex marriage took effect earlier this month, she said.

Reno resident and licensed minister George Flint, who has been performing weddings for 53 years, said those licensed by counties to perform weddings have to follow the law. He suggested that minsters who do not do so could have their licenses potentially voided for failing to perform same-sex marriages.

“I’ve done 14 same-sex marriages now and they have all been wonderful people who were clearly meant for each other,” he said.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801