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Sexuality and the Law

Selected Works

2015

Obergefell

Articles 1 - 2 of 2

Full-Text Articles in Law

Same-Sex Marriage And Religious Liberty Clashes In The U.S., After Obergefell V. Hodges: (An American Constitutional Challenge), Patrick M. Talbot Jan 2015

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 …


Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice Dec 2014

Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice

Julie A. Nice

What a long, strange trip it’s been from Bowers v. Hardwick to Obergefell v. Hodges. Less than thirty years after the Supreme Court notoriously upheld the criminalization of same-sex sexuality, the Court now has declared that laws may not exclude gays and lesbians from marriage. How did the majority in Obergefell conjure this “equal dignity” for same-sex couples that they insist the Constitution requires? This essay analyzes the Court's approach by closely examining the majority and dissenting opinions and then providing a synthesis of trends reflected, rationales rejected, issues ignored, and opportunities opened. 

First, as to trends reflected, the majority …