Thursday, July 2, 2015
I have comments on Obergefell up at America and the Cornerstone religious freedom blog of the Berkley Center at Georgetown. They continue in the vein I've pursued, that we should protect both same-sex-marriage rights and meaningful religious-liberty rights. The Court has, correctly in my view, protected the former; we'll now see if courts and legislatures protect the latter. In the two recent pieces, I try to argue: (1) The majority opinion's assurances about the right to "teach" religious principles should not be read to denigrate, by omission, the distinct right to "exercise" religion (i.e. to operate consistently with those principles). (2) The majority's conclusion that the state's denial of marriage rights demeans same-sex families does not say that the traditional view of marriage is per se demeaning (the Court elsewhere says the view often rests on "decent and honorable" premises). There is no conclusion in Obergefell that the traditional view is inherently demeaning such that people who exercise that view in their own religious institutions are bigoted and ineligible for accommodation.