Yes, he could (and get away it), and yes, he did.
Note also this at end of story:
Meanwhile, a Catholic school in Macon, Ga., is facing a federal discrimination lawsuit from a former teacher whose employment was terminated in 2014 after the school found that he would be legally marrying his same-sex partner, the Cardinal Newman Society reported.
When gummint comes knocking, don’t open your door. Maybe you’ll get away with it, but probably not.
Blithe Spirit 