Sunday, May 28, 2006
Perhaps my confidence in the continued autonomy of religious associations in a legal system that recognizes same-sex marriage is a bit optimistic. At least that's the feeling I had after reading today's story from the AP setting forth the views of scholars who believe that anti-discrimination norms should trump religious liberty, though I still
believe hope that their views do not (yet?) occupy the mainstream. Also relevant is this recent Steve Chapman column espousing a conservative skepticism toward the amendment. If there are problems with the Defense of Marriage Act's ability to limit one state court's ruling from affecting other states, as Prof. Kmiec suggests, Chapman's basic point is weakened considerably.