North Carolina GOP leader Phil Berger announced on Tuesday that he will submit legislation that would permit state officials to refuse to officiate in same-sex marriages. Berger called the move an attempt to protect the First Amendment rights of state employees.

After the Supreme Court refused to hear arguments in marriage ban appeals cases earlier this month, same-sex marriage quickly became the law of the land in several states. In some cases, this prompted a small outcry, and some vows to continue fighting against marriage equality, but in North Carolina, a peculiar battle arose.

In one North Carolina county, a couple arriving at the local courthouse to be married was turned away by the magistrate, who told them their marriage violated his religious beliefs.

The state’s Administrative Office of the Courts responded with a memo, letting all state magistrates know that it was their legal duty to perform a marriage for any couple who could legally obtain one. A magistrate failing to do his duty could face termination or even misdemeanor charges, the memo warned.

In response, at least two turned in resignation papers rather than provide equal service to same-sex couples.

Now, Phil Berger says he wants to protect these magistrates’ right to discriminate. His bill would prevent county clerks, magistrates, registers of deeds, and other employees who feel that it would violate their beliefs to participate in allowing a same-sex couple to wed.

Berger says that the court system has failed to provide reasonable accommodation to employees whose religious beliefs make them unable to perform their job duties in the normal manner, and that alternatives should be considered in order to allow these employees to keep their jobs without violating their beliefs.

Along with North Carolina Speaker of the House Thom Tillis, Berger has vowed to continue fighting to overturn the legalization of same-sex marriage.

[Photo Credit: NC General Assembly]