Public Accommodations

Social Jurisprudence in the Changing of Social Norms - Advances in Public Policy and Administration ◽

10.4018/978-1-5225-7961-8.ch004 ◽

2019 ◽

pp. 77-105

Keyword(s):

Sexual Orientation ◽

Religious Freedom ◽

Freedom Of Speech ◽

Freedom Of Religion ◽

Same Sex ◽

Same Sex Marriage ◽

Historical Approach

The chapter examines potential issues posed by the wide variety of state public accommodation statutes in the context of sexual orientation and religious freedom. The historical approach to antidiscrimination will briefly be examined. A review of recent cases of discrimination due to the legalization of same-sex marriage are analyzed in the context of the arguments regarding freedom of speech and freedom of religion.

Download Full-text

The Implications of Religious Liberty

Impacts of Faith-Based Decision Making on the Individual-Level Legislative Process - Advances in Public Policy and Administration ◽

10.4018/978-1-5225-2388-8.ch006 ◽

2017 ◽

pp. 143-162

Keyword(s):

Religious Freedom ◽

Religious Liberty ◽

The Political ◽

Marriage Equality ◽

Same Sex ◽

Protection Measures ◽

Same Sex Marriage ◽

Public Discussion ◽

The Public ◽

Faith Based

The political terrain surrounding the legalization of same-sex marriage and the need to accommodate individual's faith based objections have been part of the public discussion since the passage of initial marriage equality statutes. These exemptions played an important part in the bill's passage and have gone largely unquestioned from proponents of marriage equality. This chapter discusses the heightened lawmaking efforts by opponents insisting on broad protection measures for religious claims based on opposition directed towards homosexuality. This Chapter discusses the resulting tension between religious freedom and marriage equality.

Download Full-text

Inclusivity the Brazilian Way: The Road to Same-sex Marriage in the Episcopal Anglican Church of Brazil

Journal of Anglican Studies ◽

10.1017/s1740355320000182 ◽

2020 ◽

Vol 18 (1) ◽

pp. 9-28

Author(s):

Luiz Carlos Teixeira Coelho Filho

Keyword(s):

Sexual Orientation ◽

Gender Identity ◽

Same Sex ◽

Anglican Church ◽

Same Sex Marriage ◽

The Road ◽

Brazilian Society ◽

Local Sources ◽

English Speaking ◽

English Speaking World

AbstractIn June 2018, the Igreja Episcopal Anglicana do Brasil’s (IEAB) General Synod voted, by an overwhelming majority, to amend its canons by redefining marriage as a ‘lifelong union between two people, regardless of sexual orientation or gender identity’.2 In this essay, I intend to describe the process that led to such decision both as the result of major changes that happened in Brazilian society and as a response to IEAB’s inner process of discernment and theology-making in parallel with other Anglican provinces. Rather than merely copying theological developments and discussions produced in the English-speaking world, IEAB creatively engaged foreign and local sources (Anglican and non-Anglican), thus producing a contextually based theology that led to its embracing of same-gender couples as full members, worthy of all sacraments and rites.

Download Full-text

The Right to Religious Freedom, with Particular Reference to Same-Sex Marriage

Journal of Law Religion and State ◽

10.1163/22124810-00102004 ◽

2012 ◽

Vol 1 (2) ◽

pp. 147-179

Author(s):

Michael J. Perry

Keyword(s):

Religious Freedom ◽

Same Sex ◽

Human Right ◽

Same Sex Marriage ◽

Same Sex Couples ◽

Civil Marriage ◽

The Right

In this essay, I elaborate and defend the internationally recognized human right to religious freedom. I then pursue the implications of the right for government’s exclusion of same-sex couples from of civil marriage.

Download Full-text

The Politics of Free Exercise After Employment Division v. Smith: Same-Sex Marriage, the 'War on Terror,' and Religious Freedom

SSRN Electronic Journal ◽

10.2139/ssrn.1803571 ◽

2011 ◽

Cited By ~ 1

Author(s):

Richard Schragger

Keyword(s):

War On Terror ◽

Religious Freedom ◽

Same Sex ◽

Same Sex Marriage ◽

Free Exercise

Download Full-text

Child Custody in the Context of LGBTQ Relationship Dissolution and Divorce

LGBTQ Divorce and Relationship Dissolution ◽

10.1093/med-psych/9780190635176.003.0011 ◽

2018 ◽

pp. 195-220 ◽

Cited By ~ 1

Author(s):

Kim H. Pearson

Keyword(s):

Sexual Orientation ◽

Child Custody ◽

Legal Protection ◽

Equal Treatment ◽

Relationship Dissolution ◽

Same Sex ◽

Same Sex Marriage ◽

Sexual Orientation Identity ◽

Custody Disputes

This chapter discusses how families headed by LGBTQ people can engage in transformative advocacy during child custody disputes. It presents cases that demonstrate how parental sexual orientation identity can be used to bolster parental claims of fitness and bids for more custodial time with a child. It discusses how advocacy efforts for same-sex marriage and equal treatment of LGBTQ parents have often used assimilative strategies to gain legal protection. Now that many state jurisdictions expand and align their marriage-related rules to include child custody decisions, it is likely that courts will rely on assimilative narratives when making custody decisions for children of LGBTQ parents. As a result, LGBTQ families that fall outside of the stereotypical monogamous, white, wealthy, family configuration may find themselves precluded from legal protection. Deploying a wider range of LGBTQ-positive arguments in child custody cases could help courts recognize ongoing forms of bias against LGBTQ families.

Download Full-text

Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage

Alternative Law Journal ◽

10.1177/1037969x18783437 ◽

2018 ◽

Vol 43 (3) ◽

pp. 225-228

Author(s):

Brendan Gogarty ◽

Anja Hilkemeijer ◽

Daniel Westbury

Keyword(s):

Religious Freedom ◽

Conscientious Objection ◽

Public Debate ◽

Same Sex ◽

Marriage Law ◽

Same Sex Marriage ◽

Legal Position

In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.

Download Full-text