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Same-Sex Marriage And Religious Liberty Clashes In The U.S.: (A Constitutional Challenge), Patrick M. Talbot
Same-Sex Marriage And Religious Liberty Clashes In The U.S.: (A Constitutional Challenge), Patrick M. Talbot
Patrick M Talbot
Two major issues have surfaced on the clash between same-sex marriage, as a concept, and religious freedom to oppose it. These are the States' rights to keep the traditional definition of marriage as part of a time-honored standard, and the right of small businesses to abstain from events supporting same-sex unions, as a matter of conscience. The paper addresses both these and suggests what the SCOTUS ought to do in looking ahead to its June 2015 decision in Obergefell v. Hodges, et. al., and following the principles laid out in its Estate of Windsor, and Hobby Lobby cases of the …
Same-Sex Marriage And Religious Liberty Clashes In The U.S., After Obergefell V. Hodges: (An American Constitutional Challenge), Patrick M. Talbot
Same-Sex Marriage And Religious Liberty Clashes In The U.S., After Obergefell V. Hodges: (An American Constitutional Challenge), Patrick M. Talbot
Patrick M Talbot
This is a revision of an earlier article, to be published in a forthcoming book in Indonesia on religious liberty, in a comparative study of events in America. It examines two issues impacting religious liberty against a "right" to same-sex marriage, after SCOTUS' decision in Obergefell v. Hodges. Issue I is about the now lost right of States to adhere to a traditional definition of marriage, through a democratic process. Issue II is about the impact this case will have on religious vendors seeking to abstain from involvement in same-sex wedding and similar ceremonies (gay celebrations) on grounds of sincere …