Religion and Same-Sex Marriage

In David Koussens, Benjamin Prud’homme & Safa Ben Saad (eds), La religion en droit de la famille: Le religieux comme variable de prise de décision dans un droit familial laïcisé (Montreal: Thémis) [2019 Forthcoming]

17 Pages Posted: 5 Sep 2018

See all articles by Robert Leckey

Robert Leckey

McGill University - Faculty of Law

Date Written: August 17, 2018

Abstract

There are civil and religious notions of marriage; civil and religious authorities exercise power regarding them. These notions and exercises of power coexist, collaborate, and overlap. Sometimes they collide. Against this reality, the courts and federal legislative drafters have fashioned a simplistic narrative by which civil marriage opened to same-sex couples in a process distinct from religious marriage. This chapter emphasizes the connections between civil and religious marriage. The processes by which state institutions have recognized same-sex marriage have not only altered civil marriage, but also further defined religious marriage. When intervening in civil marriage with an eye to vindicating same-sex couples’ right to equality, state actors such as judges and legislative drafters have continued the long process of producing “civil” and “religious” marriage. As religious bases for state action appear increasingly out of place in a diverse contemporary society, the pursuit of equality has emerged as an admissible substitute in relation to marriage.

Keywords: same-sex marriage; religion; equality; civil marriage; religious marriage

JEL Classification: K19

Suggested Citation

Leckey, Robert, Religion and Same-Sex Marriage (August 17, 2018). In David Koussens, Benjamin Prud’homme & Safa Ben Saad (eds), La religion en droit de la famille: Le religieux comme variable de prise de décision dans un droit familial laïcisé (Montreal: Thémis) [2019 Forthcoming]. Available at SSRN: https://ssrn.com/abstract=3233604

Robert Leckey (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514-398-4148 (Phone)
514-398-4659 (Fax)

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