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Just as a landlord has discretion to whom he rents to and an employer has discretion on whom he hires it only takes denying a protected status once to create a lawsuit. In the judges defense, at least he decided not to perform ceremonies at all. His problem may arise out of the fact that he did officiate a few straight ceremonies after he quit performing ceremonies. I guess it will boil down to whether or not he actually refused any gay ceremonies and what reasons were given.
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“Anyone who is capable of getting themselves made President should on no account be allowed to do the job.” Douglas Adams
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