marriage
When a pastor gets a marriage license from the state are they required to marry homosexuals?
<p>I've heard a lot of controversy over whether or not pastors who deny same sex couples should be fined, jailed, etc. If the pastor is licensed by the state don't they then <strong>have to</strong> be religiously unbiased like any government employee or establishment?</p>

<p>The connection between priests and marriage is via laws regulating the solemnization of marriage. Washington's RCW <a href="http://app.leg.wa.gov/RCW/default.aspx?cite=26.04.050" rel="nofollow">26.04.050</a> is typical:</p>

<blockquote>
  <p>...Justices of the supreme court, judges of the court of appeals,
  judges of the superior courts, supreme court commissioners, court of
  appeals commissioners, superior court commissioners, any regularly
  licensed or ordained minister or any priest, imam, rabbi, or similar
  official of any religious organization, and judges of courts of
  limited jurisdiction as defined in RCW 3.02.010</p>
</blockquote>

<p>Not ship captains, notice. Solemnization is not required. RCW 26.04.010(4) says</p>

<blockquote>
  <p>No regularly licensed or ordained minister or any priest, imam, rabbi,
  or similar official of any religious organization is required to
  solemnize or recognize any marriage. A regularly licensed or ordained
  minister or priest, imam, rabbi, or similar official of any religious
  organization shall be immune from any civil claim or cause of action
  based on a refusal to solemnize or recognize any marriage under this
  section. </p>
</blockquote>

<p>There is no similar waiver for non-religious officiants. The First Amendment is theoretically what has limited governments ability to require priests to violate their religious beliefs; but I would not be surprised if that changes in the near future. In which case, permissive laws like the Washington law could be trumped by federal anti-discrimination law.</p>
