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First Amendment

University of Massachusetts Law Review

Belief

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Going To The Clerk’S Office And We’Re Not Going To Get Married, Alicia F. Blanchard Feb 2018

Going To The Clerk’S Office And We’Re Not Going To Get Married, Alicia F. Blanchard

University of Massachusetts Law Review

Same-sex marriage is a controversial topic subject to great debate. The Supreme Court in 2015 federally recognized the legality of same-sex marriages in Obergefell v. Hodges. Despite this ruling, some people looked for any reason to denounce the holding. Perhaps none were more vocal than those who rejected same-sex marriage on the basis of their religious tenets. Miller v. Davis provided people who were morally opposed to same-sex marriage a platform to support their concerns grounded in a First Amendment right to freedom of religion. The question is how far does one’s freedom of religion extend? Does freedom of religion …


Conscience, Coercion, And The Constitution: Some Thoughts, Dwight G. Duncan Dec 2014

Conscience, Coercion, And The Constitution: Some Thoughts, Dwight G. Duncan

University of Massachusetts Law Review

As a consequence, this article will argue that the most viable constitutional strategy for protecting conscientious objectors is to bracket the question of whether it is religiously motivated. Rather, it will focus simply on the question of whether it is a sincerely held moral conviction, while seeking to expand existing freedom of speech case law under the First Amendment to the United States Constitution to maximize protection for people of conscience from being obliged to act contrary to their conscience.