scholarly journals Marriage of Necessity: Same-Sex Marriage and Religious Liberty Protections

2014 ◽  
Author(s):  
Robin Fretwell Wilson
Keyword(s):  
Religious Liberty ◽  
Same Sex ◽  
Same Sex Marriage

The Implications of Religious Liberty

2017 ◽  
pp. 143-162
Keyword(s):  
Religious Freedom ◽  
Religious Liberty ◽  
The Political ◽  
Marriage Equality ◽  
Same Sex ◽  
Protection Measures ◽  
Same Sex Marriage ◽  
Public Discussion ◽  
The Public ◽  
Faith Based

The political terrain surrounding the legalization of same-sex marriage and the need to accommodate individual's faith based objections have been part of the public discussion since the passage of initial marriage equality statutes. These exemptions played an important part in the bill's passage and have gone largely unquestioned from proponents of marriage equality. This chapter discusses the heightened lawmaking efforts by opponents insisting on broad protection measures for religious claims based on opposition directed towards homosexuality. This Chapter discusses the resulting tension between religious freedom and marriage equality.

Religious Liberty

2019 ◽  
pp. 54-75
Keyword(s):  
Supreme Court ◽  
Historical Context ◽  
Religious Liberty ◽  
Court Cases ◽  
Legal Analysis ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The 1960S

This chapter places U.S. religious liberty principles in historical context. The 1960s to present day are examined, providing a provocative analysis of religious liberty cases and the ongoing role courts play in this debate, coupled with the legalization of same-sex marriage. A legal analysis is provided for Supreme Court cases.

Sincere Believers, Bigots, or Superstitious Fools?

2020 ◽  
pp. 154-180
Author(s):  
Linda C. McClain
Keyword(s):  
United States ◽  
Religious Liberty ◽  
Constitutional Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Laws ◽  
Harmful Effects

This chapter traces the Supreme Court’s evolving approach to the constitutional rights of LGBTQ persons and whether moral disapproval justifies discriminatory criminal or civil laws. It evaluates the bigotry versus morality dynamic in these cases. Justice Kennedy never referred to bigotry in his landmark opinions in Romer v. Evans, Lawrence v. Texas (overruling Bowers v. Hardwick), United States v. Windsor, and Obergefell v. Hodges, yet the dissenters claimed he branded traditional believers as bigots and their beliefs about sexuality and marriage as bigotry. The chapter considers the argument that animus, a term Kennedy used, is the same as bigotry. Kennedy’s Obergefell opinion nowhere mentions animus or bigotry, focusing on the harmful effects of laws barring same-sex couples from marriage. Although Kennedy referred to religious opponents of same-sex marriage as sincere, dissenters countered that his opinion invited treatment of believers as bigots, setting the stage for future threats to their religious liberty.

Religious Liberty, Same-Sex Marriage and Public Accommodations

2018 ◽  
Vol 16 (1) ◽  
pp. 58-72 ◽  
Author(s):  
George Thomas
Keyword(s):  
Essential Feature ◽  
Business Owners ◽  
Religious Liberty ◽  
Religious Conflict ◽  
Equal Access ◽  
Same Sex ◽  
Commercial Activity ◽  
Same Sex Marriage ◽  
Equal Citizenship ◽  
Equal Concern

Against the legal recognition of same-sex marriage, many advocates of religious liberty argue that those who adhere to “traditional” understandings of marriage should not be forced to “recognize” same-sex marriages. This includes exempting individual business owners engaged in commercial activity from anti-discrimination laws. I argue that such exemptions overreach. Equal access to the commercial arena is an essential feature of life in America’s commercial republic, which means that public accommodations should not be given exemptions on religious grounds. Yet this does not require business owners to morally approve of same-sex marriage; nor does it require them to grant same-sex marriages “equal concern and respect.” Rather, it requires simple toleration, which is compatible with moral disapproval. Indeed, I argue that this is the very sort of toleration at the foundation of religious liberty in America. Efforts to grant religious exemptions to anti-discrimination laws invite the return of religious conflict and discrimination. Prohibiting discrimination on the basis of sexual orientation in public accommodations is necessary not only for equal citizenship, but to maintain the regime of toleration that undergirds religious liberty in a pluralistic democracy.

The Implications of Religious Liberty

2021 ◽  
pp. 455-468
Author(s):  
Karla Drenner
Keyword(s):  
Religious Freedom ◽  
Religious Liberty ◽  
The Political ◽  
Marriage Equality ◽  
Same Sex ◽  
Protection Measures ◽  
Same Sex Marriage ◽  
Public Discussion ◽  
The Public ◽  
Faith Based

The political terrain surrounding the legalization of same-sex marriage and the need to accommodate individual's faith based objections have been part of the public discussion since the passage of initial marriage equality statutes. These exemptions played an important part in the bill's passage and have gone largely unquestioned from proponents of marriage equality. This chapter discusses the heightened lawmaking efforts by opponents insisting on broad protection measures for religious claims based on opposition directed towards homosexuality. This Chapter discusses the resulting tension between religious freedom and marriage equality.

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