Document Type

Article

Publication Title

Boston University Law Review

Abstract

This Essay proceeds in four parts. Part I briefly rehearses the rhetorical evolution of objections to same-sex marriage and LGBTQ rights, noting particularly how objectors have invoked their “private” rights in opposition. As it explains, although objections to LGBTQ rights and same-sex marriage were initially framed explicitly in discriminatory terms, over time, the rhetoric shifted to more neutral terms, and specifically to appeals to parental rights and religious liberty. Part II focuses on the rise of religious accommodation claims. It argues that that religious accommodations recharacterize the challenged portions of the public sphere as private space where dissenting views—and rank bigotry—may be safely expressed. Part III considers the practical and normative impact of transmuting the public sphere into private space. Part IV briefly concludes.

First Page

2611

Volume

99

Publication Date

2019

Download

Share

COinS