October 30, 2013
A Counter-Letter on Same-Sex Marriage and Religious Liberty
MOJ readers are of course familiar with the letters and testimony that our two groups of religious-liberty scholars (including MOJers Garnett, Perry, and Berg) have submitted to legislators in various states, arguing for strong religious-liberty protections as the states vote on recognizing same-sex marriage. Now another group of scholars (Dale Carpenter, Andrew Koppelman, Ira Lupu, William Marshall, and Douglas Nejaime) have submitted a letter to Illinois legislators arguing that the protections we've sought there are not necessary. (The link is to Dale Carpenter's posting of their letter, over at the Volokh Conspiracy; as usual at the VC, there's plenty of action in the comments.)
The counter-letter deserves a considered reply, which you can expect sometime soon. Doubtless we'll have some back and forth in the coming weeks.