Same-Sex Marriage and Religious Liberty: Emerging Conflicts

by Douglas Laycock (Editor), Anthony R. Picarello Jr. (Editor), Robin Fretwell Wilson (Editor)

Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise from the legal recognition of same-sex marriage. It explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights_in housing, employment, health-care, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions_schools, hospitals, and social service providers, to name a few_that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

Genres: Law

344 pages, Paperback

First published January 1, 2008

Reviews

[Adam Omelianchuk · Rating 3 out of 5]

Interesting overview of case law, but surprisingly dated, even though the essays are a mere seven years old.

[Sem · Rating 3 out of 5]

To some degree this collection of essays has been overtaken by events; nonetheless, the concerns it raises, if you can fight your way past the multitude of examples from case law to reach them, remain valid. The authors write from various points on the political spectrum - and it shows - but are determinedly non-partisan in picking through the case law to identify emerging conflicts. It makes for a depressing read.