Abstract
Can a state government allow its officials to opt out of issuing marriage licenses based on religious objections to same-sex marriage? Similarly, can a state create special religion-based exceptions to anti-discrimination laws? This article examines these questions by comparing traditional objections to same-sex marriage and racial integration, and by delving into how each category is treated by anti-discrimination law. We examine the ultimate refusal to legally accommodate analogous religiously-motivated objections to racial integration and conclude that any such exemptions in the same-sex marriage context would be unconstitutional violations of both the due process and equal protection clauses of the Fourteenth Amendment.
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