Saturday, October 8, 2016
Same-Sex Marriage, Religious Freedom, and Strange Bedfellows
Rick Garnett has noted (here) that I am one of the MOJers who signed the "Brief of Amici Curiae Legal Scholars in Support of Equality and Religious and Expressive Freedom". Unless I am mistaken, I am the only MOJer who signed the brief who also believes that Obergefell v. Hodges was rightly decided--although I do not believe that Obergefell was rightly reasoned. For my alter ego Justice Nemo's concurring opinion in the case, see Obergefell v. Hodges: An Imagined Opinion, Concurring in the Judgment. Another MOJer, Tom Berg, and acclaimed religious liberty scholar/advocate Doug Laycock are also supporters both of SCOTUS's decision in Obergefell and of the understanding of religious freedom that animates our friend Steve Smith's argument in "Brief of Amici Curiae Legal Scholars".
https://mirrorofjustice.blogs.com/mirrorofjustice/2016/10/same-sex-marriage-religious-freedom-and-curious-bedfellows.html