ArticlesVolume 23, Number 1 (2012)

Religion by Any Other Name? Prohibitions on Same-Sex Marriage and the Limits of the Establishment Clause

Abstract

Even the most casual observer of the debate in the United States whether to legalize same- sex marriage would be hard-pressed to ignore the significance of religion to that debate. Most obviously, a number of religious groups officially oppose or support same-sex marriage. The Catholic Church, American Baptist Churches, Southern Baptist Convention, Islam, Orthodox Judaism, Mormon Church, and National Association of Evangelicals are among the groups expressly in opposition, while the United Church of Christ, Reform Judaism, and Unitarian Universalist Association of Congregations are among those expressly in support. Moreover, the various groups on record in opposition or support generally have not been bashful about injecting themselves into the political fray and lobbying forcefully for the outcome that they see as right.