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Religious Freedom, LGBT Rights, and the Prospects for Common Ground
  • Edited by William N. Eskridge Jr, Robin Fretwell Wilson
  • Published online:
    14 November 2018
    Print publication:
    22 November 2018
  • The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

  • Response to Daniel Carpenter's review of A Republic of Statutes: The New American Constitution

  • William N. Eskridge, Jr., John Ferejohn
  • Journal:
    Perspectives on Politics / Volume 10 / Issue 3 / September 2012
    Published online by Cambridge University Press:
    16 August 2012, pp. 796-797
    Print publication:
    September 2012

  • We appreciate Dan Carpenter's thoughtful assessment of our book and are eager to respond to his reflections about the political theory of the republic of statutes. He is right that we did not discuss some highly entrenched statutory schemes that might well deserve small-c constitutional status as superstatutes. Although we do treat the Defense of Marriage Act as a superstatute in our chapter on the antihomosexual constitution and its disentrenchment, we might have included a chapter on the Food, Drug and Cosmetics Act of 1938 (along with the many subsequent amendments that helped shape the drug enforcement regime we have today) if we had as many original things to say about the Food and Drug Administration's (FDA's) administrative constitutionalism as Carpenter did in his book. It would have been a big chapter, too.

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