24 Pages Posted: 22 Dec 2011
Date Written: December 21, 2011
This Article discusses the problematic issues arising from proposed religious exemptions to equal marriage statutes. In the Author's view these exemptions would create the societal framework in which lesbians, bisexuals, and gay men can be refused service in virtually all aspects of life, whether fundamental or mundane — from healthcare to housing, from employment to flower-buying. This would all be accomplished with the express permission of the state. The Author believes that these proposals could permit widespread discrimination on a multitude of protected bases. The proposals appear to have been crafted to seize on cultural and religious anxiety and fears concerning same-sex marriage. If applied, the likely result would be to effectively eviscerate the hard won sexual orientation protections in place.
Keywords: equal marriage statutes, religious exemption, equal rights, gay rights, same-sex marriage, civil rights and discrimination
Suggested Citation: Suggested Citation
Flynn, Taylor, Clarion Call or False Alarm: Why Proposed Exemptions to Equal Marriage Statutes Return Us to a Religious Understanding of the Public Marketplace (December 21, 2011). Northwestern Journal of Law and Social Policy, Vol. 5, p. 236, 2010. Available at SSRN: https://ssrn.com/abstract=1975006