Law professors Ira C. Lupu and Robert W. Tuttle on Same-Sex Family Equality and Religious Freedom

Ira C. Lupu and Robert W. Tuttle, Same-Sex Family Equality and Religious Freedom. NW. J. L. & SOC. POL'Y, forthcoming, posted 10/21/09 at Social Science Research Network

This paper develops a typology of conflict between same-sex marriage and religious freedom, and builds on that typology to analyze the issues raised by this new legislation. In particular, the paper defends constitutionally distinctive freedoms for clergy and houses of worship with respect to the celebration of marriages; analyzes and critiques proposals that would allow public employees and private vendors to assert conscientious objections to serving same-sex couples; and assesses the circumstances in which religious entities, including religious charities and educational institutions, should be obligated to serve same-sex families on equal terms.