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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.
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.
One of the most respected and influential scholars of religious
liberty in our time, Douglas Laycock has argued many crucial
religious-liberty cases in the United States Supreme Court. His
noteworthy scholarly and popular writings are being collected in
five comprehensive volumes under the title Religious Liberty. This
fourth volume presents a documentary history of the effort to
replace the Religious Freedom Restoration Act with the Religious
Liberty Protection Act, an effort that failed but led to narrower
legislation protecting churches from hostile zoning and protecting
the religious rights of prisoners. Documenting culture-war battles
over religious liberty and abortion, contraception, and same-sex
marriage, this volume includes journal articles, testimony to
Congress, shorter popular writings, and letters to such political
figures as Congressman Bobby Scott and President Barack Obama.
Laycock also illuminates the continuing debates over religious land
use, prison provisions, and charitable donation protection.
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.
One of the most respected and influential scholars of religious
liberty in our time, Douglas Laycock has argued many crucial
religious-liberty cases in the United States Supreme Court. His
noteworthy scholarly and popular writings are being collected in
five comprehensive volumes under the title Religious Liberty. This
third volume presents a documentary history of efforts to enact and
implement state and federal Religious Freedom Resto-ration Acts, to
include religious-liberty protections in same-sex marriage
legislation, and to protect the rights of both sides in the culture
wars. It contains articles in scholarly journals, op-eds for
popular audiences, and oral and written arguments.
One of the most respected and influential scholars of religious
liberty in our time, Douglas Laycock has argued many crucial
religious-liberty cases in the United States Supreme Court. His
noteworthy scholarly and popular writings are being collected in
five comprehensive volumes under the title Religious Liberty. In
this final volume Laycock documents the use of the Constitu-tion's
Free Speech Clause and Establishment Clause in legal briefs,
scholarly and popular articles, House testimonies, and written
debates. These two clauses have been vitally important in
religious-liberty cases concerning religious speech in schools,
politics, and the workplace and in the meaning of the separation of
church and state.
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.
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