Same sex-marriage and religious liberty
By: edited by Douglas Laycock, Anthony R. Picarello, Jr., and  Robin Fretwell Wilson.
Contributors: Laycock, Douglas.; Picarello, Anthony R.; Wilson, Robin Fretwell.
Publisher: Rowman & Littlefield Publishers, Inc.; Beckett Fund for Religious Liberty
Published: 2008
Place of publication: Lanham, Md
Language: eng
Number of pages: 329
ISBN-13: 9780742563254; 9780742563261
Subjects: Same-sex marriage -- Religious aspects; Same-sex marriage -- Law and legislation; Freedom of religion
Description: "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."--Publisher's description.
Notes: Includes index.
Table of contents: title: Introduction / by Anthony R. Picarello, Jr.; title: Gay marriage and the churches / by Marc D. Stern; title: An unholy union : same sex marriage and the use of governmental programs to penalize religious groups with unpopular practices / by Jonathan Turley; title: Matters of conscience : lessons for same-sex marriage from the healthcare context / by Robin Fretwell Wilson; title: Same-sex marriage & the coming anti-discrimination campaigns against religion / by Douglas W. Kmiec; title: Moral conflict and conflicting liberties / by Chai R. Feldblum; title: Marriage : its relationship to religion, law, and the state / by Dr. Charles J. Reid, Jr.; title: Afterword / by Douglas Laycock.