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Record W346350779

Or for Poorer? How Same-Sex Marriage Threatens Religious Liberty

2007· article· en· W346350779 on OpenAlex
Roger Severino

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueHarvard journal of law & public policy/Harvard journal of law and public policy · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsnot available
Fundersnot available
KeywordsConstitutionalityLawCohabitationLegalizationReligious organizationFederal lawSociologySex offenderSupreme courtPolitical scienceLegislation
DOInot available

Abstract

fetched live from OpenAlex

I. INTRODUCTION II. THE EVOLUTION OF SAME-SEX MARRIAGE IN LAW A. The Decades-Long Effort to Strike Down Traditional Marriage Laws Has Been a Consistently Losing One, Until Recently B. By Firmly Establishing Same-Sex Marriage in Law, the Goodridge Decision Opened the Floodgates of Gay Marriage Litigation Across the Country C. The Federal Defense of Marriage Act, Coupled With a Popular Backlash, Has Slowed the Spread of Same-Sex Marriage, For Now 1. DOMA Protects the Traditional Definition of Marriage in Federal Law and Guarantees that the Question of Marriage Is Left to Individual States 2. Lawrence v. Texas Calls the Constitutionality of Federal and State DOMAs into Question III. THE LEGALIZATION OF SAME-SEX MARRIAGE IS GENERATING A MULTIPLICITY OF SERIOUS RISKS FOR RELIGIOUS INSTITUTIONS A. Religious Institutions that Refuse to Recognize Same-Sex Marriages Risk Civil Liability 1. Religious Institutions that Disapprove of Employees Entering into Same-Sex Marriages Risk Suits Under Employment Anti-discrimination Laws 2. Religious Institutions that Disapprove of Same-Sex Cohabitation Risk Suits Under Fair Housing Laws 3. Religious Institutions that Refuse to Extend Their Services or Facilities to Same-Sex Couples on the Same Terms as Married Men and Women Risk Suits Under Public Accommodation Laws 4. Religious Institutions that Express Their Religious Disapproval of Same-Sex Marriage Publicly Face Potential Hate Crimes or Hate Speech Liability B. Religious Institutions that Refuse to Treat Legally Married Same-Sex Couples as Identical to Traditionally Married Men and Women Risk Losing Equal Access to a Variety of Government Benefits and Privileges 1. Religious Institutions that Refuse to Recognize Same-Sex Marriages Risk Losing Their Traditional Tax-Exempt Status 2. Religious Institutions that Refuse to Recognize Same-Sex Marriages Risk Exclusion from Competition for Government-Funded Social Service Contracts 3. Religious Institutions that Refuse to Recognize Same-Sex Marriages Risk Exclusion from Government Facilities and Fora 4. Religious Institutions that Refuse to Recognize Same-Sex Marriages Risk Exclusion from the State Function of Licensing Marriages IV. CONCLUSION APPENDIX A: SELECT FAILED CHALLENGES TO TRADITIONAL MARRIAGE APPENDIX B: SELECT STATE RELIGIOUS EXEMPTIONS TO CERTAIN CATEGORIES OF DISCRIMINATION APPENDIX C: SELECT STATE ANTI-DISCRIMINATION STATUTES WITHOUT RELIGIOUS EXEMPTIONS [T]he right to same-sex marriage conferred by the proposed legislation may potentially conflict with the right to freedom of religion.... Supreme Court of Canada, December 9, 2004. (1) I. INTRODUCTION On May 17, 2004, same-sex marriage became a legal reality in America. One hundred and eighty days earlier, the Massachusetts Supreme Judicial Court had mandated this result in the case of Goodridge v. Department of Public Health, (2) and in so doing, unleashed a nationwide wave of litigation and political controversy that has yet to subside. In Goodridge, the court decreed that the state's traditional definition of marriage, which consisted exclusively of one man and one woman, was irrational and discriminated against gays and lesbians so invidiously that it violated state equal protection guarantees. (3) Although the decision carried with it profound implications for religious liberty, (4) the Goodridge court dismissed any religious freedom concerns with the following conclusory footnote: Our decision in no way limits the rights of individuals to refuse to marry persons of the same sex for religious or any other reasons. …

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.005
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Science and technology studies, Scholarly communication
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.938
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0080.005
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0010.001
Science and technology studies0.0020.004
Scholarly communication0.0020.003
Open science0.0020.000
Research integrity0.0010.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.041
GPT teacher head0.327
Teacher spread0.286 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it