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19 Nov 2009 02:45 pm

Religious Freedom And Marriage Equality

 Mark Thompson counters Dreher:

[T]he conflict here is definitively not between gay marriage and religious liberty.  It is instead between laws regarding private discrimination and freedom of association, or perhaps between licensing laws and freedom of religion.  As they affect the private sphere and specifically religious organizations, gay rights, and specifically same-sex marriage, represent at most an expansion of existing conflicts rather than any new type of conflict.  Even here, the conflict arises not from whether or not same-sex marriage is permitted, but instead from whether or not statutory laws recognize sexual orientation as an impermissible basis for private discrimination (whether in an employment context, public accommodations context, or otherwise), which is independent of whether same-sex marriage is permitted.

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