On Marriage and Religious Liberty

by Ed Whelan

In its amicus brief in the marriage cases, the Becket Fund set forth the severe conflicts that judicial imposition of same-sex marriage would pose to religious liberty, and it explained that the goal of avoiding such conflicts provided a rational basis for California voters, via Proposition 8, and Congress, via the federal Defense of Marriage Act, to preserve the traditional definition of marriage. In this follow-up post, Eric Rassbach of the Becket Fund details how the “briefs submitted in opposition to our amicus brief contradict each other—some say nothing to see here, move along; others say there are religious liberty problems but they are justified, or that they just need watching”—and fail to “convincingly refute our brief.”