In this essay, Koppelman reviews Secular Government, Religious People by Ira C. Lupu and Robert W. Tuttle. Lupu and Tuttle offer a timely examination of how and where religious liberty and American law intersect. Koppelman offers his take and places the book within the scholarship on religious liberty.
Justice Antonin Scalia claims that when the Supreme Court invalidated Section 3 of the Defense of Marriage Act (DOMA) in United States v. Windsor, it improperly impugned Congress’s motives. The Court held that the statute, which withheld federal recognition from same-sex marriages for all purposes throughout the U.S. Code, reflected a “bare congressional desire to harm a politically unpopular group.” Scalia is right that opposition to same-sex marriage is not the same as hatred of gays.
Editor's Note:This Essay is the last in a four-part series on United States v. Windsor, the Supreme Court decision that struck down Section 3 of the Defense of Marriage Act (DOMA) last summer.