Summary of Potential Legal Consequences of SSM

I recently read an amicus brief filed by The Becket Fund for Religious Liberty in an Iowa lawsuit which provided the court with an explanation of what dangers SSM poses to religious liberties. Some of you have already read about the Six Consequence of SSM that has been circulated, but I think this brief gives a clearer picture and in a legal format. You can read the entire brief here. The dangers that legalized SSM poses to religious liberty include:

I. Legalizing Same-Sex Marriage Will Create the Risk of Civil Suits Against Religious Institutions That Refuse to Treat Legally Married Same-Sex Couples as Morally Equivalent to Traditionally Married Men and Women

A. Religious institutions that reflect disapproval of same-sex marriage in their employment policies risk suits under employment anti-discrimination laws

B. Religious institutions that refuse to extend housing benefits to same-sex couples on terms identical to those offered to traditionally married men and women risk suits under fair housing laws

C. Religious institutions that refuse to extend their services or facilities to same-sex couples on terms identical to those offered traditionally married men and women risk suits under public accommodation laws

D. Religious institutions that publicly express their religious disapproval of same-sex marriage risk hate-speech and hate-crime litigation

II. Legalizing Same-Sex Marriage Will Create the Risk That Government Will Strip Its Benefits from Religious Institutions That Refuse to Treat Legally Married Same-Sex Couples as Morally Equivalent to Traditionally Married Men and Women

A. Religious institutions that refuse to recognize same-sex marriages risk losing their traditional tax-exempt status

B. Religious institutions that refuse to recognize same-sex marriages risk exclusion from competition for government-funded social service contracts

C. Religious institutions that refuse to recognize same-sex marriages risk exclusion from government facilities and fora

D. Religious institutions that refuse to recognize same-sex marriages risk exclusion from the state function of licensing marriages