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What Same-Sex-Marriage And Religious-Liberty Claims Have In Common, Thomas C. Berg
What Same-Sex-Marriage And Religious-Liberty Claims Have In Common, Thomas C. Berg
Northwestern Journal of Law & Social Policy
No abstract provided.
Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn
Northwestern Journal of Law & Social Policy
Asserting that same-sex marriage will unleash a flood of litigation, advocates of "conscience clause" exemptions to equal marriage statutes promote their proposals as a modest compromise to protect religious liberty. There will, however, be no deluge: although same-sex marriage has existed since 2004 and is recognized in five states, not one of proponents' examples involves same-sex marriage. Instead, the examples demonstrate that such conflicts have been occurring for decades. While advocates are free to object to the existing balance between nondiscrimination laws and religious belief, the proposals' scope is unprecedented, reaching all public accommodations laws and all protected groups: a …
Why Accommodate? Reflections On The Gay Marriage Culture Wars, Maggie Gallagher
Why Accommodate? Reflections On The Gay Marriage Culture Wars, Maggie Gallagher
Northwestern Journal of Law & Social Policy
If same-sex marriage is a basic right, then why accommodate opposing views? This Article proposes four potential types of reasons why citizens, legislators, and/or judges who endorse gay marriage should consider accommodating those with opposing views on marriage: practical, civic, moral sympathy, and principle. It argues that the most urgent need is to develop the argument arguments from civic good and moral sympathy, such as those which have undergirded conscience protections for abortion.The Article further explains why people from traditional faith communities reasonably fear that same-sex marriage will be used as a weapon to repress religious and moral dissent and …
Same-Sex Equality And Religious Freedom, Ira C. Lupu, Robert W. Tuttle
Same-Sex Equality And Religious Freedom, Ira C. Lupu, Robert W. Tuttle
Northwestern Journal of Law & Social Policy
In the spring of 2009, the legislatures of Connecticut, Maine, New Hampshire, and Vermont became the first in the United States to enact laws recognizing the legality of same-sex civil marriage. The legislation in all four states included provisions designed to protect the freedom of clergy and religious communities that do not want to recognize same-sex marriage. The legislation in several of the states also included provisions designed to insulate religious organizations from obligations that might arise from the legalization of same-sex marriagefor example, with respect to adoption or the provision of housing to married couples. Despite academic and political …
Liberty V. Equality; Equality V. Liberty, Marc D. Stern
Liberty V. Equality; Equality V. Liberty, Marc D. Stern
Northwestern Journal of Law & Social Policy
The principle that religious accommodation is necessary should not be debatable. Recognition of same-sex marriage, whatever technical form legal arguments made on its behalf take, exemplifies a "live and let live" policy. That same policy should apply equally to religious believers who oppose same-sex marriagethey should not be required to act directly in opposition to their religious beliefs, that is, in ways that appear to confer their personal blessing on such marriages. That recognizing same-sex marriage will, for the while, put many people with "traditional" religious beliefs in a vise between their religious commitments and the law is really not …
Insubstantial Burdens: The Case For Government Employee Exemptions To Same-Sex Marriage Laws, Robin Fretwell Wilson
Insubstantial Burdens: The Case For Government Employee Exemptions To Same-Sex Marriage Laws, Robin Fretwell Wilson
Northwestern Journal of Law & Social Policy
No abstract provided.