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Index
Half title
Title page
Imprints page
Dedication
Contents
Preface
Acknowledgments
1 A View from Three Places
I Introduction
II Balancing Religious Freedom, LGBT Rights, and Reproductive Freedom
III The Difference between Interest Advocacy and Religious and Sexual Freedom
2 Religious Freedom
I Religious Freedom Law 101: The Basics
II What We Know and What We Think We Know
3 Sexual Freedom
I Introduction
II LGBT Rights
A Sodomy Laws
B Antidiscrimination Law
C Same-Sex Marriage
III Reproductive Freedom
A Reproductive Freedom and the Hobby Lobby Case
B Legal Protection of Conscience Claims and Reproductive Freedom
C Attempts by States to Limit Access to Reproductive Freedom
4 County Clerks and Other Government Employees
I Introduction
II Issues with Accommodating Government Officials
III Direct and Meaningful Harm
IV The Parameters Necessary for Accommodating Government Officials without Directly and Materially Harming the Rights of Others
5 For-Profit Companies, Shops, and Commercial Landlords
I Small Businesses That Serve the General Public
II Hobby Lobby
A Why Protecting For-Profit Entities Is a Strategic Mistake That Could Doom the Long-Term Future of Religious Freedom in the United States
B The Proof
1 Broadening Rights Often Narrows Their Depth
a Example 1: Hostile Work Environment Sexual Harassment
b Example 2: Reasonable Accommodation under the Americans with Disabilities Act
c Example 3: The Free Exercise Clause
2 The Legal and Public Response to Hobby Lobby
3 A Brief Note on “Traditional Religious Entities”
III Claims for Religious Exemptions by Landlords
6 Conscience Claims
I The Healthcare Context
A What Is a Religious Conscience Claim?
B Federal and State Conscience Clauses
1 Federal Conscience Clauses
2 State Laws
3 A Possible Compromise
II The Same-Sex Marriage Context
A Conscience Claims in the Counseling Setting
B The Possibility of Compromise
C Some Conscience Claim Nonissues
7 Religious Non-Profits
I Threats to Tax-exempt Status
II Religious Charities and Conscience Claims under Mandatory Contraceptive Coverage Laws
III Religious Universities and Adoption Agencies
8 Some Concluding Thoughts
I What Will Happen to Michelle and Janet, Jonathan, Amy, and Mandy?
A What Would Happen under Current Law?
1 Michelle and Janet
2 Mandy
3 Amy
4 Jonathan
B What Would Happen if Either Extreme Had Its Way?
1 Michelle and Janet
Scenario 1: Those who support unlimited religious freedom and oppose sexual freedom win
Scenario 2: Those who oppose religious freedom win
2 Mandy
Scenario 1: Those who support unlimited religious freedom and oppose sexual freedom win
Scenario 2: The opponents of religious freedom win
3 Amy
Scenario 1: Those who support unlimited religious freedom and oppose sexual freedom win
Scenario 2: Those who oppose religious freedom win
4 Jonathan
Scenario 1: Those who support unlimited religious freedom and oppose sexual freedom win
Scenario 2: Those who oppose religious freedom win
C What Would Happen if the Compromise Approach Advocated in This Book Were Used?
1 Janet and Michelle
2 Mandy
3 Amy
4 Jonathan
II Some Observations and Concerns about the Current Political Climate
Notes
1 A View from Three Places
2 Religious Freedom
3 Sexual Freedom
4 County Clerks and Other Government Employees
5 For-Profit Companies, Shops, and Commercial Landlords
6 Conscience Claims
7 Religious Non-Profits
Index
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