MADISON, Wis. -- A Madison bishop under fire for supporting the Nov. 7 referendum to ban same-sex marriage defended his actions while others claim the church is receiving special privileges.

At issue is whether the Catholic Diocese affirming its support for the upcoming marriage amendment constitutes electioneering, or campaigning before an election.

This spring, Bishop Robert Morlino and bishops from across the state decided they would take a stance on the marriage amendment.

Morlino, who participated in a forum on the death penalty at Edgewood College Thursday, went further by passing out pamphlets to all parishioners.

He said it isn't official campaigning but rather just affirming what is in the Bible.

"But a law that tells me I should have recourse to the state or commission in order to teach the truth of Christ about marriage in my own churches is an obstacle to our own free expression of religion," Morlino said.

The Wisconsin Democracy Campaign has asked the state Elections Board to take enforcement action against the diocese for failing to register its activities.

The group said that some of the pamphlets distributed outside the church violated the law. Morlino said they were handed out in bulletins inside the church.

State law requires groups that spend more than $25 to support or oppose a state referendum to register with the Elections Board.

"What's unfair is if any organization is above the law and not held to the same laws other citizens are being held to," said Mike McCabe, director of the Wisconsin Democracy Campaign.

Morlino said he has a right to the free exercise of religion. He said calling his activities electioneering appears to be an attempt to intimidate the Catholic Church and is inappropriate persecution.