Richard A. Epstein, “Hard Questions on Same-Sex Marriage”

Richard A. Epstein at the Hoover Institution writes,

The hard question is how Justice Kennedy—now the swing vote on all matters “fundamental”—thinks about this issue. Here the evidence is decidedly mixed. To be sure, his opinion in Obergefell talks about the importance of letting religions “teach” the central principles of their faith. But as Justice Thomas’s dissent points out, a religion that is allowed to teach its beliefs may be forced to give up its tax-exempt status if it puts those beliefs into practice, and its adherents can be hounded by the state if they decide to run their personal lives in accordance with their religion. We thus face a serious risk in the aftermath of Obergefell: liberty in gay rights will turn out to be a one-way street. Some liberties will be guaranteed for some people while other liberties will be squashed for others. As I write, the gay rights movement is gearing up to expand the scope of the antidiscrimination laws in housing and labor markets.

Richard A. Epstein, “Hard Questions on Same-Sex Marriage” 29 Jun 2015, Hoover Institution, 3 Jul 2015 <http://www.hoover.org/research/hard-questions-same-sex-marriage>

The article and accompanying podcast, which goes into greater depth, can be accessed here.

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