Document Type

Article

Publication Title

Southern California Law Review

Abstract

Regardless of why it occurred, the conflation of nonmarital relationships with marriages in Elane Photography and Masterpiece Cakeshop is meaningful. As I explain in this Symposium Article, the conflation of these relationships with marriages reflects the broader elision—and erasure—of nonmarriage in our law and culture. To this end, the marital discourse that pervades these cases makes clear that the debate over religious exemptions and same-sex marriage is not exclusively about religious liberty—to what extent can we balance our commitments to free exercise of religion and equal protection of the laws for all citizens? Instead, this issue also raises broader questions about sexual liberty—to what extent are we willing to accommodate dissent from the prevailing orthodoxy of marriage?

First Page

661

Volume

88

Publication Date

2015

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