That's pretty much the rule now. A priest, pastor or rabbi should be just in a different category from a shopkeeper. That really should be a 1st Amendment issue, as you indicate. If you'd asked me about five years ago, I'd've said that it was a settled issue. Scalia, of course, raised that bugaboo in orals the other day. Kagan disagreed. If the holding favors SS marriage, I wouldn't be surprised at all if the opinion didn't contain some legal limitations, to keep away from the 1st Amendment question in the future. In fact, the test case is already ready, out of Idaho, of all places. Coeur d'Alene has an ordinance requiring clergy of any sort to perform gay marriages. The owners of a wedding chapel (clergy!?!?) have been fined, for refusal to perform such. I also wouldn't be surprised to see a test case out of Alabama. Our statutes list who may perform marriages, not who must. Some judges of probate (Mobile) have declined to perform any marriages at all. This obviously raises the same issue. As I said, the supreme court may choose to solve this in advance, with a 1st Amendment protection built-in, if SS marriage is upheld. JMHO, but Kennedy's questioning didn't look good for SSM. OTOH, Roberts' questions showed some surprising twists. As I think I've said above, some place, at this point, I wouldn't be totally surprised by a decision favoring SSM, but with Roberts writing a separate, concurring opinion, based narrowly on sexual discrimination, rather than a broad constitutional right. Going to be interesting...