Public Accommodations

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.

Social Change

The differences between states and within states are profound, and while that has long been true, it is much more consequential to LGBT individuals since the legalization of same-sex marriage. Social change relating to LGBT issues were originally addressed in a 1997 article written by Thomas Stoddard titled “Bleeding Heart: Reflections on Using the Law to Make Social Change.” This chapter uses his framework and examines legislative responses to the legalization of same-sex marriage focusing on place.

Balancing Interests

The political terrain surrounding the legalization of same-sex marriage and the need to accommodate individuals' faith-based objections have been part of public discourse since the passage of initial marriage equality statutes. These exemptions played an essential element in the bills' passages and have mainly gone unquestioned from proponents of marriage equality. But for many of the supporters of these religious exemptions, they did not go far enough to protect business owners or government officials who objected on religious grounds. This chapter discusses the resulting tension between religious freedom and marriage equality.

The Use of Faith in Legislative Decision-Making

In recent decades, same-sex marriage has emerged as a national political issue. As a result, state legislators have sponsored and passed statutes on an array of issues directly related to this topic. This chapter investigates how faith influences an individual legislator's political judgment in the early stages of decision-making related to sponsored bills. The findings suggest that even while legislators' partisanship and ideology largely structure decision-making, conservative Protestant legislators are more likely to respond to threats by sponsoring a bill when issues involve morality.

Defenders of Freedom

In the past few decades, the question of whether and how civil society should recognize committed intimate relationships between two people of the same sex has become a prominent and divisive policy issue. Marriage as an institution embodies both formal legally enforceable rules and informal arrangements. This chapter discusses the heightened lawmaking efforts after the legalization of same-sex marriage by legislators who are more inclined to use religious claims in their opposition to homosexuality and same-sex relationships.

Legislative Decision-Making and Same-Sex Marriage

This chapter will focus on the debate over same-sex marriage. This unprecedented societal evolution began in 1990, when three same-sex couples applied for marriage licenses from the state of Hawaii. They were refused and challenged the state's decision. Although the battle in Hawaii began in court, it ended in the state legislature, spreading from there rapidly across the nation. Legislators responded to the promotion of same-sex marriage by sponsoring and passing bills claiming it contravened their faith-based principles.

Freedom of Religion and Marriage Equality

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.

Queering Marriage: The Homoradical and Anti-Normativity

This article explores ‘bad’ sex in an age of same-sex marriage, through an analysis of the ‘homoradical’ as a rejection of both hetero and homo-normativities. Drawing on qualitative data from 29 LGBTQ interviewees, the article considers resistance to the discursive privileging of same-sex marriage in the context of Gayle Rubin’s theories of respectability and sexual hierarchies. These hierarchies constitute a ‘charmed circle’ of accepted sexual practices which are traditionally justified by marriage, procreation and/or love. It examines non-normative sexuality through the example of the lived experiences of non-normative, anti-assimilationist identities, particularly non-monogamy, public sex, and kink sex, showing how the ‘homoradical’ deviates from the normative practices that same-sex marriage reinforces.