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.

The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.

The Collected Works on Religious Liberty comprehensively collects the scholarship, advocacy, and explanatory writings of leading scholar and lawyer Douglas Laycock, illuminating every major religious liberty issue from both theoretical and practical perspectives. / This first volume gives the big picture of religious liberty in the United States. It fits a vast range of disparate disputes into a coherent pattern, from public school prayers to private school vouchers to regulation of churches and believers. Laycock clearly and carefully explains what the law is and argues for what the law should be. He also reviews the history of Western religious liberty from the American founding to Protestant-Catholic conflict in the nineteenth century, using this history to cast light on the meaning of our constitutional guarantees. / Collected Works on Religious Liberty is unique in the depth and range of its coverage. Laycock helpfully includes both scholarly articles and key legal documents, and unlike many legal scholars, explains them clearly and succinctly. All the while, he maintains a centrist perspective, presenting all sides -- believers and nonbelievers alike -- fairly.

For more than thirty years, Douglas Laycock has been studying, defending, and writing about religious liberty. In this second volume of the comprehensive collection of his writings on the subject, he has compiled articles, amicus briefs, and actual court documents relating to regulatory exemptions under the Constitution, the right to church autonomy, and the rights of non-mainstream religions. This collection -- which deals with religious schools and colleges, sex abuse cases, the rights of Hare Krishnas and Scientologists, the landmark decision Employment Division v. Smith, and more -- will be a valuable reference for churches, schools, and other religious organizations as they exercise their Constitutionally protected freedom of religion.