Faculty Frank Gulino, Associate Professor of Legal Writing

Published on June 11, 2012 | by LawNews

Prof. Frank Gulino’s Article ‘ The Tension Between Marriage Equality and Religious Liberty: A Case of Irreconcilable Differences’ Published in The Matrimonial Strategist

ALM (formerly American Lawyer Media) has published Frank Gulino’s article The Tension Between Marriage Equality and Religious Liberty: A Case of Irreconcilable Differences.  The piece, commissioned by ALM, is the lead article in the June 2012 issue of The Matrimonial Strategist and is available on the publication’s website (subscription required).   The citation is:  30 The Matrimonial Strategist 1 (No. 6 June 2012).

ABSTRACT:

Even amid signs of rising support for same-sex marriage, there remains a palpable tension between proponents of marriage equality and opponents who argue that same-sex marriage laws threaten their religious liberty.   In each of the states that recently enacted same-sex marriage laws, legislators crafted exemptions for religious institutions to allay the concerns of those institutions that legalization of same-sex marriage would infringe on their religious liberty.  But given the denouncement of New York’s Marriage Equality Act by religious leaders after its passage and moves for referenda in Washington and Maryland to overturn similar laws in those states, the so-called “religious exceptions” appear to have done nothing to satisfy the institutions for which they were included in legislation.  Rather than a true debate between the right of same-sex partners to marry as a matter of equal protection on one hand and a concern for religious liberty on the other, it appears that the tension between supporters and opponents of same-sex marriage rests on a belief that government-sanctioned same-sex marriage and religion are simply incompatible.  It is a classic case of irreconcilable differences.

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