Rik Holman wears a “love is equal” button during a celebration at The Gay and Lesbian Community Center of Southern Nevada (The Center) Tuesday, Oct. 7, 2014. People gathered to celebrate a ruling by the 9th U.S. Circuit Court of Appeals that overturned Nevada’s prohibition on gay marriage.
Tuesday, Oct. 28, 2014 | 2 a.m.
The state’s legalization of same-sex marriage could put some Las Vegas wedding chapel owners at odds with the law.
David Nye and Dolly de Leon say they have strong religious objections to same-sex marriage, and they would rather lose customers at their downtown chapels than tarnish their ideals.
“We are traditional Christians. We simply would be violating our beliefs if we participated in that activity,” said Nye, who owns A Elvis Chapel on 727 South 9th Street. “There’s no perfect way of saying this, but ... an activity and a person are two different things. We certainly love and respect all people, no matter what they identify themselves as.”
De Leon and Nye haven’t turned anyone away, but they have been vocal about their opposition to marrying gay and lesbian couples.
Despite their beliefs, they can’t keep anyone from marrying in their chapels. Similar laws apply in other states where same-sex marriage is legal.
Here’s why, as explained by Tod Story, executive director of the American Civil Liberties Union’s Nevada chapter.
Nevada’s public accommodations statute guarantees all couples have rights to the services of a for-profit business.
For-profit wedding chapels classified as businesses must abide by the state’s public accommodations statute, which guarantees equal treatment for everyone regardless of race, color, religion, national origin, disability or sexual orientation.
This state statute was established in the 1960s and has since been modified as recently as 2011 to include additional protections.
“This is why we got away from separate entrances and drinking fountains,” Story said. “You’re not allowed to discriminate based on your personal beliefs.”
Places of worship aren’t covered by the statute, so they’re free to marry whomever they want.
Churches, mosques, temples and other religious establishments aren’t legally required to marry gay and lesbian couples.
Houses of worship don’t operate as for-profit businesses and they aren’t covered by the public accommodations statute, so they can pick and choose whom they want to marry.
People who are registered as nonreligious wedding officiants and work at chapels don’t have to marry same-sex couples, but they must provide accommodations for gays and lesbians.
De Leon, for instance, says that if a same-sex couple comes into her business asking for a wedding, she’ll likely have another wedding officiant perform the ceremony instead of herself. She can do this without facing repercussions.
Violating the public accommodations statute is a misdemeanor offense.
This translates to a maximum six-month sentence in county jail and up to $1,000 in fines.
In Nevada, no same-sex couples have formally complained that they have been turned away from wedding chapels.
Complaints can be sent to the Nevada Equal Rights Commission or the ACLU. As of Monday afternoon, officials with both groups said they had not received any grievances.
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