Guest / Limited Access /
Evangelicals' Favorite Same-Sex Marriage Law?

With federal judges in two highly conservative states striking down "defense of marriage" laws as unconstitutional this January, more church-state experts are advising same-sex marriage opponents that the marriage battleground should shift to religious freedom.

While the latest rulings in Oklahoma and Utah are on hold pending appeal (thanks to the U.S. Supreme Court), the most-recent states to legalize same-sex marriage—Hawaii and Illinois by state lawmakers, and New Jersey and New Mexico by state supreme courts—illustrate the differences between when lawmakers legalize same-sex marriage and when courts do.

In short, states where courts have ruled on same-sex marriage are "black hole" states where few or no specific religious protections are given, according to Robin Fretwell Wilson, a University of Illinois law professor who leads a group of legal scholars that advise lawmakers on religious exemptions. By contrast, she said, "There is not a single state that has accepted same-sex marriage [through legislation] where they haven't gotten a religious exemption."

Of note: In November, a lesbian lawmaker in Hawaii made national news when she voted against a draft of her state's bill legalizing same-sex marriage, citing religious freedom concerns. By contrast, after the New Jersey Supreme Court denied Gov. Chris Christie's appeal of a judge's overturning of the state's ban on same-sex marriage, an attempt by state lawmakers to later write a bill with religious protections collapsed under pressure from gay-rights groups. (The Associated Press highlights the next five states to watch.)

With same-sex marriage now legal in 17 states and the District of Columbia, ...

Subscriber access only You have reached the end of this Article Preview

To continue reading, subscribe now. Subscribers have full digital access.

Support Christian thought journalism. Donate to our nonprofit ministry today.
Read These NextSee Our Latest
RecommendedTrump Won. Here's How 20 Evangelical Leaders Feel.
Trump Won. Here's How 20 Evangelical Leaders Feel.
Pastors, authors, and others weigh in on 2016 election.
TrendingWhy Do We Have Christmas Trees?
Why Do We Have Christmas Trees?
The history behind evergreens, ornaments, and holiday gift giving.
Editor's PickThe Grace of Church Discipline
The Grace of Church Discipline
We do no one any favors if we ignore or downplay core beliefs.
Christianity Today
Evangelicals' Favorite Same-Sex Marriage Law?
hide thisAccess The Archives

In the Archives

January 2014

To continue reading, subscribe now for full print and digital access.