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.

Tuesday, May 26, 2015

Mark Rienzi on SSM, substantive due process, and religious liberty

At the Stanford Law Review, Mark Rienzi has clear and short paper ("Substantive Due Process as a Two-Way Street") in which he suggests an approach to the pending same-sex-marriage cases that, he suggests, will reduce the conflict and tension that the Court's Equal Protection / "animus" approach risks causing.  He writes, among other things, "There is no inherent conflict between same-sex marriage and religious diversity. As with most other issues, our society remains capable of adopting a live-and-let-live approach in which same-sex marriage is recognized as a constitutional right, but religious dissenters are neither punished for their beliefs nor forced to violate them."


Garnett, Rick | Permalink