In what follows, I focus on when exemptions from legal duties are called for and whether religion should be a crucial ingredient. I concentrate especially on the present controversy over same-sex marriage, and how far people and organizations should be required to afford those couples equal status. But other kinds of exemptions can help us understand various general questions and provide key insights about this intense concern of our time.
My basic conclusions are these: religious convictions and practices do matter but only sometimes should they be legally distinguished from other bases. Considering all that is at stake, certain exemptions should be granted in respect to same-sex marriage, but they should not be extensive. At least some of these exemptions should depend on religious bases.
Family Law | Law | Religion Law
Granting Exemptions from Legal Duties: When Are They Warranted and What Is the Place of Religion?,
U. Det. Mercy L. Rev.
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