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Religious Freedom Toolkit

Part IV | Select Quotes from Church Leaders

Category C | Discrimination

Topic 14 | Same-sex marriage

Opposing same-sex marriage on religious grounds is not unlawful discrimination. Both the dicta in the U.S. Supreme Court case Obergefell, which held that the Fourteenth Amendment requires states to license and recognize same-sex marriages, and the statutory language of the Respect for Marriage Act affirm that objecting to same-sex marriage on religious grounds in not unlawful discrimination. There are good faith moral, religious, and legal reasons for opposing same-sex marriage, and attempting to silence expressions of those stances is counterproductive and often unconstitutional.

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President Dallin H. Oaks: We are amenable only to God in the exercise of religion unless our religious opinions prompt us to infringe on the rights of others.  

“The religious duty to obey the law of the land and to live peaceably with all people does not contemplate that the religious will abandon the public square. In a free society like ours, all are lawfully privileged and morally obligated to exert their best political efforts to argue for what they think is most desirable. For example, it is well-known that The Church of Jesus Christ of Latter-day Saints exercised its constitutional right to express its position that the traditional legal definition of marriage should be preserved. But in 2015, when the Supreme Court pronounced the legality of same-sex marriage, the Church immediately ceased all such opposition, and publicly acknowledged its acceptance of the constitutional law established by the nation’s highest court.

Of course, a church’s religious marriage law and practice, which upholds the Biblical understanding of marriage, remains in force on its adherents when it does not violate what Jesus called Caesar’s law. Joseph Smith, for whom this lecture is named, taught that ‘religion is instituted of God; and that men are amenable to him, and to him only, for the exercise of it, unless their religious opinions prompt them to infringe upon the rights and liberty of others.’”

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Official Church Statement: Respect for Marriage Act is commendable in recognizing and protecting the right of institutions and individuals to hold diverse beliefs about the role of gender in marriage.

“We extend a heartfelt thank you and our congratulations to all who played a part in the passage of the amended Respect for Marriage Act. Their efforts to protect religious freedom as Congress sought to codify the Supreme Court’s same-sex marriage decision are both historic and commendable.

The amended Respect for Marriage Act specifically recognizes that ‘diverse beliefs about the role of gender in marriage are held by reasonable and sincere people based on decent and honorable religious or philosophical premises.’

As restated last month, ‘the doctrine of The Church of Jesus Christ of Latter-day Saints related to marriage between a man and a woman is well known and will remain unchanged.’ Congress has now reaffirmed that our beliefs ‘are due proper respect.’

The new law demonstrates that respect. The law states that it can't be used to harm religious or conscience rights for faith-based institutions. It protects the tax-exempt status of religious organizations. It protects the grants, licenses, contracts and accreditation of religious schools. And it ensures that religious organizations, religious schools and their employees do not have to perform or host same-sex marriages or celebrations. No law is perfect. But putting such protections in the federal code is a big step forward.

The Church has been pleased to participate with many others in the difficult but worthy work of civil engagement that accompanied the passage of this bill. Like the Church-supported Utah law in 2015, our efforts are helping the nation pursue freedom, fairness and respect for all.”

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See also Religious Freedom Library
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