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Constitutional Law

Religion

SelectedWorks

2012

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The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum Jul 2012

The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum

Ian C Bartrum

This paper explores the scope of independent religious sovereignty in the context of the ministerial exception.


Are Same-Sex Marriages Really A Threat To Religious Liberty?, Eric Alan Isaacson Apr 2012

Are Same-Sex Marriages Really A Threat To Religious Liberty?, Eric Alan Isaacson

Eric Alan Isaacson

Some have contended that same-sex couples' marriages pose a grave danger to the religious liberty of social conservatives whose faith traditions do not bless same-sex unions. Those who oppose recognizing same-sex couples' right to marry have even contended that their clergy and churches might be subject to hate-crime prosecutions and loss of tax-exempt status if same-sex couples may lawfully marriage. This article seeks to answer those objections, pointing out that many limitations on religious marriages -- such as Roman Catholic doctrine barring remarriage by those who are civilly divorced -- parallel religious rules similarly limiting or withholding recognition from same-sex …