LD 779:
“An Act To Remove Clergy as Signatories on Marriage Licenses”
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| Rep. Boyd Marley (D-Portland) |
A
Portland,
Maine State Representative has submitted legislation this session that would remove all of
Maine’s “ordained or licensed minister(s) of the Gospel” from the state statute that currently allows them to solemnize marriages. If passed,
Rep. Boyd Marley’s (D –
Portland)
bill would allow only judges, lawyers, and notaries public to validate marriages in
Maine.
In an
online news article
by Victoria Wallack, Rep. Marley stated that he submitted the legislation at the request of a Congregational minister in his legislative district, Rev. Mark Rustin. Rev. Rustin has been leading the
North Deering Congregational Church in
Portland
since 1987. He is an active Freemason and a racecar enthusiast.
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| Rev. Mark Rustin of North Deering Congregational Church |
Regarding his motivation for the request, Rev. Rustin stated, “Being agents of the state isn’t an appropriate place for (religious leaders) to be.” According to the news article Rustin states he has never done a homosexual marriage ceremony, but if his
North Deering congregation wanted him to, he would bless the union of a homosexual couple.
"If, and when, a gay couple comes to me and says, ‘We want to be married,’ at that juncture I would go to my congregation and ask, ‘What say ye?’” Rev. Rustin was reported to say.
Rev. Paul Nielsen, who leads the
Lutheran
Church
of the Resurrection
(LCMS)
in
Waterville, disagrees. “I think that Rev. Rustin is at least a little bit confused about what his role in the marriage rite is from a civil perspective,” said Rev. Nielsen. “I’m not sure why the state would have any interest in disqualifying clergy as one of the qualified witnesses to a marriage.”
Pastor Nielsen explains, “Currently the state of
Maine only asks the clergy to sign the wedding certificate as indication that the wedding actually took place. I don't think that clergy are acting as ‘agents for the state of
Maine.’”
Dr. Philip Watkins, who advises the Campus Crusade for Christ at the
University of
Maine at
Augusta, agrees with Pastor Nielsen’s assessment. He calls this legislative bill “a waste of time” and notes that it is indicative of the increasing secularization of our culture.
Dr. Watkins notes that religious leaders in
Maine are currently not required to solemnize marriages nor to sign marriage certificates. He says that people like Rev. Rustin can simply opt not sign marriage certificates if they are concerned about the perception of being an ‘agent of the state.’ Dr. Watkins flatly rejects Rev. Rustin’s rationale for requesting Rep. Marley submit this legislation.
Legislative Document (LD) 779
would specifically amend Sec. 1. 19-A MRSA, Paragraph 655, Sub-paragraph 1 by striking the words “An ordained minister of the Gospel,” “a person licensed to preach by an association of ministers, religious seminary, or ecclesiastical body,” and “an ordained or licensed minister of the Gospel” from the state statute that authorizes persons to solemnize marriages.
LD 779 was referred to the Maine Legislature’s Judiciary Committee on February 15, but has not yet been scheduled for a
public hearing
.
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