Religious Freedom

Author(s):  
Michele Dillon

The secular principle of religious freedom is complicated by the postsecular recognition that religion has societal relevance beyond the religious sphere. This chapter focuses on the public activism of the U.S. Conference of Catholic Bishops’ (USCCB) regarding religious freedom. The Affordable Care Act (ACA) contraception mandate, which the bishops rejected, provided the political and legal opportunity for the bishops’ campaign. The chapter shows, however, that its evolution can be traced pre-ACA to the growing momentum in favor of same-sex marriage. It discusses the thematic content of the bishops’ “Fortnight for Freedom” campaign, and the cultural salience of the claims advanced. It also highlights the limits in both the bishops’ construal of religion in civil society and secular expectations of it. Such limits, the chapter shows, are also evident in the polarized views of doctrinally conservative and liberal Catholics, and in the ambiguity in how Americans more generally evaluate pluralism and religious freedom.

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.


Author(s):  
Karla Drenner

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.


2018 ◽  
Vol 16 (1) ◽  
pp. 22-35 ◽  
Author(s):  
Deva Woodly

There have been many retrospective analyses written about the marriage-equality movement since the Supreme Court’s 2015 ruling that made marriages between people of the same sex legal in all 50 states. Most attribute that triumph to a stunningly swift turnaround in public comfort with and approval of same-sex relationships. However, public opinion data indicates that this narrative is inaccurate. In 2015, 51% of General Social Survey respondents declared that they found sexual relationships between people of the same sex to be “wrong” at least “some of the time.” Nevertheless, at the same time, 56% of respondents affirmed that people of the same sex ought to have the legal right to marry. This dissonance suggests that the most common narrative about the success of the movement misses something crucial about how political persuasion happened in this case, as well as the way that political persuasion happens in general. In this article, I show that the massive shift in support for same-sex marriage was likely not the result of large majorities changing their underlying attitudes regarding gay sexual relationships, but was instead the result of activists inserting new criteria for evaluating same-sex marriage into popular political discourse by consistently using resonant arguments. These arguments reframed the political stakes, changed the public meaning of the marriage debate, and altered the decisional context in which people determine their policy preferences.


2019 ◽  
Vol 22 (2) ◽  
pp. 257-284
Author(s):  
Brook J. Sadler ◽  

In 2015, the U.S. Supreme Court ruled in favor of same-sex marriage in Obergefell v. Hodges. Although I concur that same-sex couples should have the right to marry if anyone does, I argue that civil marriage is an unjust institution. By examining the claims employed in the majority opinion, I expose the Court’s romanticized, patriarchal view of marriage. I critique four central claims: (1) that marriage is central to individual autonomy and liberty; (2) that civil marriage is uniquely valuable; (3) that marriage “safeguards” children and families; and (4) that marriage is fundamental to civil society.


2022 ◽  
pp. 179-201

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.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
G. P. Marcar

Abstract The U.S. Supreme Court has recently been tasked with determining—both metaphorically and literally—whether in matters of marriage equality and religious freedom, those within society can have their cake and eat it too. This came to the fore in Masterpiece Cakeshop (2018). In most of scholarship which has followed, the respective parties’ rights in this case are parsed in terms of rights to religious expression and free speech (on the one hand), and a statutory right to non-discrimination (on the other). By approaching this matter through a primarily philosophical (rather than legal) lens, I aim to present a new perspective. Where cases involve same-sex marriage, it is argued that both sides are predicated upon religious or conscientious convictions. This is established through a philosophical argument, which examines the nature of the marital promise to love and seeks to demonstrate how this promise entails a characteristically religious sort of belief.


2018 ◽  
Vol 74 (4) ◽  
pp. 396-408
Author(s):  
Daniel Ude Asue

This essay discusses Same-Sex Marriage Prohibition Bill in Nigeria, with a focus on the contribution of the Nigerian Catholic Church to the law. Though the Catholic Church in Nigeria did not actively contribute towards the public debates about homosexuality that resulted into the Same-Sex Marriage Prohibition Bill it nevertheless welcomed the bill. However, the official teachings of the Catholic Church and elucidations from the Catholic Bishops Conference of Nigeria could potentially contribute to creating an inclusive society. In what way can we potentially utilize the principles of Catholic Social Teaching to make room for an inclusion of homosexual persons in the life of the church and in society?


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