By Douglas Laycock, Jr. Anthony Picarello, Robin Fretwell Wilson
Same-Sex Marriage and non secular Liberty explores the non secular freedom implications of defining marriage to incorporate same-sex undefined. It represents the one complete, scholarly appraisal thus far of the church-state conflicts almost absolute to come up in lots of spheres of legislations end result of the criminal attractiveness of same-sex marriage.
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Extra resources for Same-Sex Marriage and Religious Liberty: Emerging Conflicts
Over a generation ago, licenses generated litigation on two constitutional fronts: whether the issuance of a liquor license to a club practicing race or sex discrimination constituted impermissible state action in support of discrimination in violation of the Fourteenth Amendment; and, conversely, whether a state ban on race or sex discrimination by licensees violated associational freedoms protected by the First Amendment. 20 h Marc D. Stern 1. State Action Moose Lodge v. 93 The lodge held a liquor license.
86 In reality, the billboard firm made the decision to take down the offensive billboard prior to receiving the letter. The federal district court first dismissed a free speech claim against the borough president on the ground that his letter was non-actionable protected speech. The United States Court of Appeals for the Second Circuit reversed: [T]he fact that a public-official defendant lacks direct regulatory or decisionmaking authority over a plaintiff, or a third party that is publishing or otherwise disseminating the plaintiff’s message, is not necessarily dispositive in a case such as this.
169 Much of Hsu’s reasoning ought to be suspect after Hurley v. 170 It is likely, however, to result in decisions upholding the school if high school clubs insist that members make some sort of faith statement of opposition to same-sex marriage. b. The College Campus The Christian Legal Society (CLS) has been embroiled in a series of lawsuits with colleges insisting as a condition of recognition on CLS’s openness to all students regardless of religion. 172 While that case settled, the university’s role is likely a harbinger of things to come.
Same-Sex Marriage and Religious Liberty: Emerging Conflicts by Douglas Laycock, Jr. Anthony Picarello, Robin Fretwell Wilson