Cover

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pp. c-vi

Contents

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pp. vii-viii

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Preface

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pp. ix-x

This book germinated in my thinking about United States Supreme Court decisions centering on Justice Sandra Day O’Connor’s endorsement test, proposed in Lynch v. Donnelly (465 U.S. 668 [1984]). O’Connor’s endorsement test says that when the government makes or allows policies that seemingly...

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Chapter 1: Religion and Sexuality: Setting the Stage

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pp. 1-31

The current controversy over the legitimacy of same-sex marriage reveals a number of fault lines both in our conception of citizenship and also in our thinking about the relationship of church and state in a modern liberal democracy. Marriage is in many ways a private, consensual relationship, yet...

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Chapter 2: The Impossibility of Neutrality

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pp. 32-60

What unites conflicting viewpoints on same-sex marriage is the implied conviction that the definition of civil marriage makes a statement about who is—and who is not—an equal citizen of the liberal democratic polity. As Jyl Josephson puts it, marriage is viewed as “the holy grail of gay...

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Chapter 3: Same-Sex Marriage: Social Facts and Conflicting Views

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pp. 61-106

The impossibility of defining neutrality and of instantiating policies that embody this quality reveals itself in conflicting views engendered by the topic of same-sex marriage. Although one might expect that traditionalists oppose same-sex marriage and that liberals support it, the landscape is...

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Chapter 4: Religious Establishment and the Endorsement Test

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pp. 107-144

The confinement of civil marriage to traditional couples at the expense of same-sex couples who wish to marry is analogous to a religious establishment that denies the free exercise of religion. In a persuasive account Gordon Babst argues that the continuing ban on same-sex marriage...

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Chapter 5: Free Exercise and the Right to Conscience

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pp. 145-209

In chapter 4 I argue that confining civil marriage to opposite-sex couples performs a function akin to religious establishment. It promotes a particular vision of intimate relationship and family as the preferred model for all, privileging those who participate in it to the exclusion of those who adhere...

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Chapter 6: Establishment and Free Exercise: Who Should Be Outsiders?

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pp. 210-240

Chapter 1 compares national citizenship and civil marriage as institutions that have lessened in importance as sources of rights and benefits. Participation in each case is consensual; both noncitizens and unmarried persons must consent if they are to attain these statuses. In the consensual...

References

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pp. 241-256

Index

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pp. 257-276