By: Matthew J. Franck
The Supreme Court’s decision in Obergefell v. Hodges in June 2015 redefined the meaning of marriage in American law. But many Americans remain opposed to the Court’s imposition of same-sex marriage, through a ruling that presumed to change the meaning of the Constitution as well. The reasonable belief that the true meaning of marriage is its traditional meaning—the conjugal union of a man and a woman—can be expected to persist among millions of our fellow citizens. In part, this is because that view is also supported by their religious faith, though moral convictions on the subject can be strongly held for non-religious reasons, too.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/7/30/fada-knows-best
By: Andrea Pin
The legal recognition of same-sex couples varies considerably from one state to another. Some countries have introduced same-sex marriage, whereas others have implemented civil union pacts. Some states have legislated, while in others courts have enforced same-sex partnerships. Also, the types of arguments involved vary widely from one country to another, giving shape to very different policies of recognition.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/7/30/the-winding-way-to-same-sex-unions-a-euro-italian-lesson
By: Matthew Quallen
Last month, the battleground over religious freedom in the United States shifted southward. On March 22, North Carolina Governor Pat McCrory signed a law rolling back municipal protections for gays and lesbians and banning transgender people from using bathrooms other than those corresponding to their assigned sex. The nation erupted. A week later, Georgia Governor Nathan Deal vetoed a bill, the “Free Exercise Protection Act,” aimed at protecting organizations that might withhold services or employment from some on the basis of religious beliefs.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/7/30/battleground-over-religious-freedom-shifts-southward-with-broad-implications
To say that marriage was merely incidental to the same-sex marriage decision, Obergefell v. Hodges, would be an exaggeration. There were surely people, after all, who sincerely wanted the blessings of marriage to be extended to same-sex couples. In a broader perspective, though, marriage was merely one convenient point of attack in a larger campaign. Consequently, far from calming cultural conflicts, the Court’s decision has instead provoked an intensification of such conflicts.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/7/30/obergefell-and-the-reconstituting-of-american-community
By: Robert Vischer
Though her release from jail may have temporarily reduced the drama surrounding Kim Davis’ refusal to issue marriage licenses to same-sex couples, the Kentucky clerk’s case will not be the last that pits a public official’s claim of conscience against our constitutional order. Those of us who believe that the liberty of conscience is an important hallmark of US law may be tempted to rally to Davis’ defense. That temptation should be resisted. We can take conscience seriously and still recognize that the level of deference the community owes conscience is a function, in part, of one’s professional role.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/7/14/the-kim-davis-situation-how-to-make-distinctions-when-conscience-and-duty-collide