Same-Sex Marriage: An Inevitable Challenge to Religious Liberty and Establishment?

Oliva, Javier García; Hall, Helen

doi:10.1093/ojlr/rwt045

Cited by 4 publications

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“…Recent court decisions in America and elsewhere on gay marriage have generated huge controversies because these decisions have raised the question of whether the expansion of rights for gay and lesbian citizens (and other civil rights) should take precedence over religious freedom (Inazu ; Oliva and Hall ; Shipley ). Battles over the meaning of religious freedom have become even more heated with the unprecedented Hobby Lobby U.S. Supreme Court decision ( Burwell v. Hobby Lobby ) in 2014 that granted religious freedom rights to “closely held” corporations, of which there are many.…”

Section: Controversy Over Place Of Religion and Religious Freedom In mentioning

confidence: 99%

Managing Religion and the Judicialization of Religious Freedom

Richardson

2015

Scientific Study of Religion

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Religious freedom is a highly valued goal for many citizens and political leaders around the world, especially in Western‐oriented nations. Much ink has been spilled in defense of religious freedom and many have waxed eloquent about the virtues of promoting religious freedom. Most constitutions and other international documents around the world guarantee religious freedom even if those guarantees are sometimes honored in the breach. Why this focus on religious freedom is occurring and how it is being addressed are the focus of this article.

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Section: Controversy Over Place Of Religion and Religious Freedom In mentioning

confidence: 99%

Managing Religion and the Judicialization of Religious Freedom

Richardson

2015

Scientific Study of Religion

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Religion and Law in Twenty-First Century England: Tradition and Diversity

Holm

Oliva

2016

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

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The Church of England and Same-Sex Marriage: Beyond a Rights-Based Analysis

Smith

2019

Eccles. law j.

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Some scholars, faced with the apparent conflict between the Church of England's teaching on marriage and the idea of equal marriage embraced by the Marriage (Same Sex Couples) Act 2013, have focused on the implications of that Act for the constitutional relationship between Church, State and nation. More frequently, noting the position of the Church of England under that Act, academics have critiqued the legislation as an exercise in balancing competing human rights. This article by contrast, leaving behind a tendency to treat religion as a monolithic ‘other’, and leaving behind the neat binaries of rights-based analyses, interrogates the internal agonies of the Church of England as it has striven to negotiate an institutional response to the secular legalisation of same-sex marriage. It explores the struggles of the Church to do so in a manner which holds in balance a wide array of doctrinal positions and the demands of mission, pastoral care and the continued apostolic identity of the Church of England.

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Same-Sex Marriage: An Inevitable Challenge to Religious Liberty and Establishment?

Cited by 4 publications

References 0 publications

Managing Religion and the Judicialization of Religious Freedom

Managing Religion and the Judicialization of Religious Freedom

Religion and Law in Twenty-First Century England: Tradition and Diversity

The Church of England and Same-Sex Marriage: Beyond a Rights-Based Analysis

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