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Full-Text Articles in Law
Brief For Amici Curiae Church-State Scholars In Support Of Respondents In Zubik V. Burwell, Elizabeth Boylan
Brief For Amici Curiae Church-State Scholars In Support Of Respondents In Zubik V. Burwell, Elizabeth Boylan
Center for Gender & Sexuality Law
The Law, Rights, and Religion Project assisted the Counsel for Church-State Scholars in the preparation of an amicus brief submitted in the Supreme Court of the United States case of David A. Zubik, et al., v. Sylvia Burwell, et al.
Granting Exemptions From Legal Duties: When Are They Warranted And What Is The Place Of Religion?, Kent Greenawalt
Granting Exemptions From Legal Duties: When Are They Warranted And What Is The Place Of Religion?, Kent Greenawalt
Faculty Scholarship
In what follows, I focus on when exemptions from legal duties are called for and whether religion should be a crucial ingredient. I concentrate especially on the present controversy over same-sex marriage, and how far people and organizations should be required to afford those couples equal status. But other kinds of exemptions can help us understand various general questions and provide key insights about this intense concern of our time.
My basic conclusions are these: religious convictions and practices do matter but only sometimes should they be legally distinguished from other bases. Considering all that is at stake, certain exemptions …