Abstract

http://ssrn.com/abstract=1706218
 


 



Ten Questions on Gay Rights and Freedom of Religion


Wilson Ray Huhn


University of Akron - School of Law

March 31, 2009

Akron Journal of Constitutional Law and Policy, Vol. 1, 2009-2010
University of Akron Legal Studies Research Paper

Abstract:     
In my opinion most of the legal and social problems that arise under the Constitution stem from the belief, held by some people, that they are better than other people. They do not hate anyone. They simply believe that they are superior and that the law ought to treat them better than the other group. This is true of whites who think they are superior to blacks, men who think they are superior to women, and heterosexuals who think they are superior to homosexuals.

People have often justified these types of beliefs by appeal to religion and have attempted to enshrine these beliefs in our law. But the Free Exercise Clause does not support the proposition that some people - even a majority of the people - have the right to impose their religious beliefs upon others. To the contrary, religious belief is not even a legitimate reason for the law to treat groups of people differently or interfere with their fundamental rights.

Under the Equal Protection Clause of the Constitution gays and lesbians are entitled to equal rights, including equal marriage rights, because the love that they have for each other is indistinguishable from the love that men and women have for their partners. Their relationships are just as valuable to themselves and to society – just as important and just as sacred as the love between heterosexual couples. In that respect we are all created equal.

Number of Pages in PDF File: 12

Keywords: Gay Rights, Same-Sex Marriage, Freedom of Religion, Equal Protection, Free Exercise of Religion

JEL Classification: K19

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Date posted: November 11, 2010  

Suggested Citation

Huhn, Wilson Ray, Ten Questions on Gay Rights and Freedom of Religion (March 31, 2009). Akron Journal of Constitutional Law and Policy, Vol. 1, 2009-2010 ; University of Akron Legal Studies Research Paper. Available at SSRN: http://ssrn.com/abstract=1706218

Contact Information

Wilson Ray Huhn (Contact Author)
University of Akron - School of Law ( email )
150 University Ave.
Akron, OH 44325-2901
United States
330-972-6791 (Phone)
330-258-2343 (Fax)
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