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.

Sunday, August 2, 2009

ARCHIVE: Memos/Letters on Religious Liberty and Same-Sex Marriage

Over the last months, there have been MOJ posts about the efforts of an assortment of religious-liberty scholars --including MOJers Berg, Garnett, and Perry -- proposing strong religious-liberty protections for conscientious objectors in states where same-sex marriage has been or may be legally recognized. 

Based on comments from readers and others, I thought it would be worthwhile to collect in one post links to the various memo/letters that the scholars have written on the religious-liberty effects of same-sex marriage in the respective states.  For each state, there is a Letter 1 -- a longer one with a full set of arguments by one group of scholars, including Garnett and Berg -- and a Letter 2 -- a shorter one by another group, led by Doug Laycock and including Michael Perry [UPDATE 1/2013: and including Tom Berg], all of whom support same-sex marriage but also support strong religious-objector provisions.

Hawaii (special session fall 2013): Group 1 Letter here (Oct. 17); Group 2 Letters herehere; Group 1 legislative testimony here (Oct. 28); Group 2 testimony in HI Senate (Oct. 27), House (Oct. 30)

Minnesota: Group 1 Letter here (May 2, 2013); Group 2 Letters to Democrats, to Republicans (May 3, 2013)

Rhode Island: Letter 1 (Feb. 4, 2013)

Illinois: Letter 1 here (Jan. 4, 2013); Group-2 Letters here, here (Mar. 12, 2013)

Washington state: Letter 1 and Letter 1 follow-up ; Letter 2 (all added 2-7-2012)

Maryland: Letter 1 (added 2-7-2012)

New York (2011 round): here is Letter 1 (added 5-18-2011)

New Jersey:  here is Letter 1 (added 1-7-2010)

Iowa: Letter 1 and Letter 2

New York (2009 round): Letter 1 and Letter 2

Maine: Letter 1 and Letter 2

Our letters and our proposed statutory language have been revised since we wrote memo letters earlier concerning New Hampshire and Connecticut.  (UPDATE 5-18-2011, 1-7-2010: they've been revised a couple of times, most recently for New York.)  Because the legal developments have often happened fairly quickly, the most recent letters, reflecting our revisions, should be taken as constituting our proposals and arguments.  But if you want to look at earlier letters, you can find links to the New Hampshire letters here and the Connecticut letters here.

Tom B.


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