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Having Your Cake And Eating It Too? Religious Freedom And Lgbtq Rights, Stephen Matthew Feldman
Having Your Cake And Eating It Too? Religious Freedom And Lgbtq Rights, Stephen Matthew Feldman
Faculty Articles
In Obergefell v Hodges Justice Anthony Kennedy wrote for a majority holding that samesex couples enjoy a constitutional right to marry as part of substantive due process Yet in Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission his majority opinion held that the Free exercise Clause invalidated government sanctioning of a baker who had refused to bake a cake for a samesex couples wedding reception In both cases the Court reasoned that the government must maintain neutrality when confronted with competing viewpoints The Masteriece Cakeshop Court concluded the state Civil Rights Commission had violated this requirement by impugning the bakers …
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen Matthew Feldman
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen Matthew Feldman
Faculty Articles
Substantive due process issues implicitly concern voice Whose voice will be heard Although such issues often remain submerged the Justices occasionally translate them into disputes over democratic participation and power The Supreme Courts most important substantive due process decision in years Obergefell v Hodges entailed such a battle over democracy The multiple dissenting opinions insisted that the decision demeaned the opponents of samesex marriage many of whom were inspired by traditional values and religious convictions The majority explicitly disagreed reasoning that the case resolved the rights of samesex couples to marry and did not diminish the opponents voices The dissenters …
Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez
Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez
Faculty Articles
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