Same-Sex Marriage and Religious Liberty Emerging Conflicts

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Format: Paperback
Pub. Date: 2008-09-05
Publisher(s): Rowman & Littlefield Publishers
List Price: $60.00

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Summary

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.

Table of Contents

Dedicationp. v
Acknowledgmentsp. ix
Introductionp. xi
Same-Sex Marriage and the Churchesp. 1
An Unholy Union: Same-Sex Marriage and the Use of Governmental Programs to Penalize Religious Groups with Unpopular Practicesp. 59
Matters of Conscience: Lessons for Same-Sex Marriage from the Healthcare Contextp. 77
Same-Sex Marriage and the Coming Antidiscrimination Campaigns Against Religionp. 103
Moral Conflict and Conflicting Libertiesp. 123
Marriage: Its Relationship to Religion, Law, and the Statep. 157
Afterwordp. 189
Notesp. 209
Appendixp. 299
Indexp. 311
About the Contributorsp. 327
Table of Contents provided by Ingram. All Rights Reserved.

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