Later On

A blog written for those whose interests more or less match mine.

Bad arguments against gay marriage

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Interesting article by Vikram David Amar, professor of law at the University of California, Davis School of Law, and Alan Brownstein, a Professor of Law at the University of California, Davis, School of Law.

Amar is a 1988 graduate of the Yale Law School, and a former clerk to Justice Harry Blackmun. He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. Before teaching, Professor Amar spent a few years at the firm of Gibson, Dunn & Crutcher.

Brownstein holds the Boochever and Bird Chair for the Study and Teaching of Freedom and Equality.

The article begins:

Some critics of the state Supreme Court rulings in Massachusetts and California that recognize the right of same-sex couples to marry have suggested that these cases create a conflict between religious believers and proponents of religious liberty, on one side, and gay men and lesbians and supporters of gay rights, on the other.

Their argument is more practical than normative. The rulings’ critics maintain that recognizing same-sex marriages will inevitably lead the state to interfere with and burden the religious liberty of faith communities that hold traditional beliefs deeming homosexual conduct immoral. For example, the critics fear that religious employers may be forced to violate the tenets of their faith if they are required by state law to extend health and retirement benefits to the same-sex spouses of their employees, just as they are for opposite-sex spouses.

We think this new attempt to characterize the debate about same-sex marriage as a “God versus Gays” battle is grounded on mistaken, or at least carelessly-considered, legal assumptions. Indeed, in important respects, protecting the right of gay men and lesbians to marry may help to reaffirm and reinforce religious freedom in our legal system far more than it will interfere with the free exercise of religion – for reasons we explain later in this column.

Continue reading.

Written by Leisureguy

1 August 2008 at 4:25 pm

Posted in Daily life, Government, Religion

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