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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.
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.
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