eBook - ePub
Same-Sex Marriage and Religious Liberty
Emerging Conflicts
- 320 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
Same-Sex Marriage and Religious Liberty
Emerging Conflicts
About this book
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.
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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Yes, you can access Same-Sex Marriage and Religious Liberty by Douglas Laycock, Anthony R Picarello, Robin Fretwell Wilson, Douglas Laycock,Anthony R Picarello,Robin Fretwell Wilson,Anthony R. Picarello Jr. in PDF and/or ePUB format, as well as other popular books in Theology & Religion & Civil Rights in Law. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Dedication
- Acknowledgments
- Introduction
- Chapter 1 Same-Sex Marriage and the Churches
- Chapter 2 An Unholy Union: Same-Sex Marriage and the Use of Governmental Programs to Penalize Religious Groups with Unpopular Practices
- Chapter 3 Matters of Conscience: Lessons for Same-Sex Marriage from the Healthcare Context
- Chapter 4 Same-Sex Marriage and the Coming Antidiscrimination Campaigns Against Religion
- Chapter 5 Moral Conflict and Conflicting Liberties
- Chapter 6 Marriage: Its Relationship to Religion, Law, and the State
- Afterword
- Notes
- Appendix
- About the Contributors