Being Transgender in the Era of Trump:
Compassion Should Pick Up Where Science Leaves Off

In a divisive time, few issues are more polarizing than how Americans treat transgender (“trans”) individuals. This small sliver of Americans—0.6% of all adults or 1.4 million people—has prompted polar responses from legislators and policymakers. Many states have protected trans individuals from... 

Continue Reading


Matters of Conscience: Lessons for Same-Sex Marriage from the Healthcare Context

 

It is difficult to ignore the parallels emerging between same-sex marriage and the recently renewed debates about the limits of conscience in healthcare, sparked by refusals to dispense emergency contraceptives. Both subjects are deeply divisive, and in both, persons of good will are saying "why should I have to give up my... 

Continue reading


Squaring Faith and Sexuality: Religious Institutions and the Unique Challenge of Sports

 

In 2014, the Minnesota Vikings released punter Chris Kluwe from the team for, in his words, his "activism for same-sex marriage rights." Imagine instead that Kluwe was kicked off the team while playing college football at one of the more than 1000 religious universities and colleges in the United States. And imagine that the...

Continue reading


Until the U.S. Supreme Court’s denial of certiorari on October 6, 2014,1 which made same-sex marriage decisions in three federal Circuit Courts of Appeal authoritative,2 the voluntary embrace of same-sex marriage by state legislatures and voters accounted for marriage equality in more than half of the U.S. ...

Continue reading

Bargaining for Civil Rights: Lessons from Mrs. Murphy for Same-Sex Marriage and LGBT Rights


Summary of the Utah Compromise

In an landmark compromise, Utah enacted a pair of laws last week to balance LGBT rights and religious liberty. One measure, SB 296, bans discrimination against lesbians, gays, bisexuals and transgender individuals, while the second, SB 297, protects the right of individuals and religious institutions to maintain the...

Continue Reading


The Nonsense About Bathrooms: How Purported Concerns over Safety Block LGBT Nondiscrimination Laws and Obscure Real Religious Liberty Concerns

Although Americans overwhelmingly believe that LGBT people should not be turned away from a business open to the public just for being gay or transgender, no state has enacted protections for all LGBT people against being told that “we don’t serve people like you.” This Article traces the impasse over...

Continue Reading


'Getting the Government Out of Marriage' Post Obergefell: The Ill-Considered Consequences of Transforming the State’s Relationship to Marriage

To say after U.S. Supreme Court’s landmark decision extending the right to marry to same-sex couples that the simmering dispute over marriage turned into a “raging inferno” would be an understatement. Within hours of Obergefell v. Hodges, Texas Senator Ted Cruz called its release “some of the darkest 24 hours in our...

Continue Reading