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.

Thursday, April 30, 2015

Esbeck on the Court, SSM, and religious freedom

Prof. Carl Esbeck has a thoughtful piece up at Public Discourse called "Redefining Marriage Would Erode Religious Liberty and Free Speech Rights of Citizens and Churches."  A bit:

. . . [A] decision declaring state marriage laws void for animus would disparage those religious organizations and persons who believe deeply in marriage. Such a decision would stigmatize them as bigots akin to racists. That stigma would impede their full participation in democratic life, as their beliefs concerning marriage, family, and sexuality are placed beyond the constitutional pale. Because religious people cannot renounce their scriptural beliefs, a finding of animus would consign believers to second-class status as citizens whose doctrines about vital aspects of society are deemed presumptively illegitimate. The misattribution of animus would deprive believers and faith communities of their rights to the free exercise of religion, free speech, and democratic participation. Assaults on religious liberty, already under pressure, would intensify. . . 

I made a similar suggestion in Commonweal, in this piece, after the Windsor decision.

https://mirrorofjustice.blogs.com/mirrorofjustice/2015/04/esbeck-on-the-court-ssm-and-religious-freedom.html

Garnett, Rick | Permalink