Religious Freedom and Same Sex Marriage Laws: Constitutional and Other Issues

Neil Foster is an Associate Professor at Newcastle Law School (Australia). His blog,  Law and Religion Australia,  treats Law and Religion issues not only in Australia and other Commonwealth nations, but in the United States and elsewhere.

Recognition of “same-sex marriage” has been proceeding apace in Western societies for the last few decades. Adoption of same-sex marriage, however, raises religious freedom issues. It does so because the move effectively amounts to a change in a nation’s public morality and takes a stance on the issue as to what kind of sexual activity is legitimate, which is in sharp opposition to the views taken by mainstream religions for many years. Representatives of those religions have long been involved in solemnizing marriages; questions now arise as to whether they will be required to solemnize same-sex unions. Similar issues arise for believers involved as small businesses in related “wedding industries.” At a broader level, the change means that many religious groups are now opposed to the wider societal consensus on the question of sexual morality, and questions are raised as to whether they will still be able to play a role in the public life of the community.

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Brett Scharffs: Reflections upon the Completion of the Covid-19 & FoRB Webinar Series


Brett G. Scharffs is Director, International Center for Law and Religion Studies and Rex E. Lee Chair and Professor of Law, BYU Law School[1]

As the global pandemic has raged on — shutting down businesses, cancelling events, and isolating loved ones—we’ve sadly realized that so much of the good in life happens when we are closer than six feet apart. And yet, times of crisis also provide an opportunity for innovation, adaptation, and reflection.

The Coronavirus Stress Test

As I noted at the beginning of this webinar series, Covid-19 is a kind of stress test — and it’s a test that many of our U.S. institutions have been failing.

As for Congress and the President, I have to give them very low marks. Congress has managed to pass several sizeable appropriations, but otherwise seem missing in action. The President has mostly wanted to move beyond the crisis.

The media has also performed poorly, bifurcating into the predictable anti- and pro-Trump camps that distorts everything. I doubt there is any American institution that will have more difficulty regaining trust and credibility than the media. Even legacy providers such as The New York Times and CNN have been deeply tarnished. (more…)

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Judd Birdsall: Reflections upon the Completion of the Covid-19 & FoRB Webinar Series

Judd Birdsall is Director of the Cambridge Institute on Religion & International Studies at the Centre for Geopolitics at Cambridge University

Dramatic moments and extreme cases often help to clarify issues, expose boundaries, and create opportunities for fresh thinking. The COVID-19 pandemic has been one of those moments for a whole range of issues, including issues related to religion.

As I reflect on the past several months of the pandemic and on the 14 weeks of our webinar series exploring the religious dimensions and religious freedom implications of the lockdown, I am struck by three main observations.

First, the lockdown has provided a civics lesson on the permissible limitations on freedom of religion or belief (FoRB). Second, the varied religious responses to the pandemic have reminded us of the “ambivalence of the sacred.” Third, the lockdown has had significant—and divergent—impacts on levels of religiosity. Let’s explore each of these observations in turn. (more…)

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