Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, June 14, 2008

Race, Sexual Orientation, and Religious Liberty

I'm a little confused by aspects of the Vischer-Perry exchange.  Rob, when you express concern about "state efforts to overcome ... obstacles to same-sex marriage," are you talking primarily about the state imposing nondiscrimination rules on those who (for religious or other reasons) conscientiously oppose SSM?  Michael, in your response appealing to the parallel to Loving, are you generally equating sexual-orientation discrimination with racial discrimination?   If the two are equated, then that is likely to do away with most religious liberty claims against the imposition of SSM or sexual-orientation discrimination laws, e.g. employment or employment-benefits decisions by religious schools or social services.  See, e.g., Bob Jones (withdrawal of tax exemption because of policy against interracial dating).  But I thought, Michael, that you viewed it as consistent to have both SSM and a strong religious liberty/exemptions scheme.  Even if SSM is determined to be warranted on constitutional or policy grounds, I think that preserving religious liberty in that context will depend on seeing some differences between SSM and interracial marriage.



Berg, Thomas | Permalink

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