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Moral Conflict And Liberty: Gay Rights And Religion, Chai R. Feldblum
Moral Conflict And Liberty: Gay Rights And Religion, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
My goal in this piece is to surface some of the commonalities between religious belief liberty and sexual orientation identity liberty and to offer some public policy suggestions for what to do when these liberties conflict. I first want to make transparent the conflict that I believe exists between laws intended to protect the liberty of lesbian, gay, bisexual and transgender ("LGBT") people so that they may live lives of dignity and integrity and the religious beliefs of some individuals whose conduct is regulated by such laws. I believe those who advocate for LGBT equality have downplayed the impact of …
Living With Lawrence, Nan D. Hunter
Living With Lawrence, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
This Article will proceed in three steps. First, I will examine the Court's treatment of liberty. I see Lawrence as marking the emergence of a new approach to substantive due process analysis, one that has been simmering in the concurring opinions of Justices Souter, Stevens, and Kennedy for the last decade. These three Justices apparently now have a majority for extending meaningful constitutional protection to liberty interests without denominating them as fundamental rights. They also appear to be jettisoning, at least prospectively, a special category for privacy rights. Second, I will turn my attention to the ramifications of Lawrence's equality …