Freedom of Religion and Marriage Equality

2022 ◽  
pp. 202-226
Keyword(s):  
Supreme Court ◽  
Religious Freedom ◽  
Historical Context ◽  
Supreme Court Decision ◽  
The United States ◽  
Marriage Equality ◽  
Court Cases ◽  
Legal Analysis ◽  
Same Sex ◽  
Same Sex Marriage

This chapter seeks to explain, as a descriptive matter, when, how, and why issues of religious freedom became part of the marriage equality debates. Using a historical context, the principle of religious freedom is examined, providing a provocative analysis of religious liberty cases and the ongoing role courts have played in this debate after the legalization of same-sex marriage in the United States through the 2015 Obergefell v. Hodges Supreme Court decision. A legal analysis is provided for Supreme Court cases.

Religious Liberty

2019 ◽  
pp. 54-75
Keyword(s):  
Supreme Court ◽  
Historical Context ◽  
Religious Liberty ◽  
Court Cases ◽  
Legal Analysis ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The 1960S

This chapter places U.S. religious liberty principles in historical context. The 1960s to present day are examined, providing a provocative analysis of religious liberty cases and the ongoing role courts play in this debate, coupled with the legalization of same-sex marriage. A legal analysis is provided for Supreme Court cases.

The Early 2000s

2021 ◽  
pp. 131-144
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
Supreme Court ◽  
Gay Rights ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Marriage Equality ◽  
Same Sex ◽  
Same Sex Marriage ◽  
State Laws ◽  
State Supreme Court ◽  
The U.S

Chapter 9 tells the story of Lawrence v. Texas, the 2003 Supreme Court decision that finally struck down the remaining state laws that criminalized sodomy. In 2004 Massachusetts became the first state in the U.S. to have marriage equality, following the state supreme court decision in Goodridge v. Department of Public Health. Opponents of gay rights fought furiously to overturn marriage equality in Massachusetts, but once straight people saw that marriage equality cost them nothing, the opposition faded away. Gay rights groups in Massachusetts prevailed despite having many institutional disadvantages. In California in 2008, Proposition 8 was passed by voters to reintroduce a same-sex marriage ban.

The Courts Begin to Appreciate Gay Rights: Romer and Baehr, 1996

2021 ◽  
pp. 86-101
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
Supreme Court ◽  
Gay Rights ◽  
Supreme Court Decision ◽  
State Court ◽  
Marriage Equality ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Supreme Court ◽  
First Time ◽  
The U.S

Chapter 6 describes two important breakthroughs in the courts for gay rights. In 1996 the U.S. Supreme Court decided Romer v. Evans in favor of gay plaintiffs from Colorado who had had their rights reduced by a voter referendum. The Supreme Court upheld state court rulings which had overturned the referendum. The Romer decision, written by Anthony Kennedy, was the first Supreme Court decision to affirmatively defend the rights of gay people. In the fall of 1996 in Hawaii a same-sex marriage trial, Baehr v. Miike, showed for the first time that the opponents of marriage equality had no scientific or empirical basis for preventing same-sex marriages from being recognized. The marriage plaintiffs won in court, but the voters of Hawaii reinstated the same-sex marriage ban. Hawaii did not become a marriage equality state until 2013.

The Implications of Religious Liberty

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.

Beliefs and Stereotypes About LGBT People

2020 ◽  
Author(s):  
Gary R. Hicks
Keyword(s):  
United States ◽  
Public Attitudes ◽  
Supreme Court Decision ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Public ◽  
The World ◽  
Lgbt People ◽  
Lgbt Individuals

The public’s perception of, beliefs about, and interest in LGBT individuals and the issues impacting them has long had great significance to the community’s social, political, and legal progress. The last decade has seen monumental changes in public attitudes about LGBT people and the laws that affect them in the United States and around the world. Much of this change has been positive, including the landmark Supreme Court decision to legalize same-sex marriage. In some parts of the world—even those that have witnessed great strides for LGBT equality—there have also been signs of a backlash against the community’s newfound rights and visibility in society. Stereotypes of LGBT individuals, mostly negative, have been responsible for much of this reaction, as well as their historically negative view in by the public. In the 20th and 21st centuries, the mass media has played a major role in creating and perpetuating these stereotypes.

Beyond Belief?

2019 ◽  
pp. 313-329
Author(s):  
Julie Hollar
Keyword(s):  
United States ◽  
Western Europe ◽  
The United States ◽  
Marriage Equality ◽  
Same Sex ◽  
Short Term ◽  
Same Sex Marriage ◽  
Political Effects ◽  
The World

This chapter analyzes the expansion of same-sex marriage around the world, its causes and its consequences. It argues that the domestic and transnational factors shaping a country’s adoption of same-sex marriage depend crucially on both time and place, encompassing the domestic and the transnational. It further suggests that the effects of same-sex marriage are likewise context-dependent, in most cases producing mixed results for LGBTQ people and movements. Incorporating cases outside of western Europe and the United States, this study urges a broader lens and a new focus on the short-term and long-term political effects of pursuing marriage equality.

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