SCHOOL OF LAW NEWS
PROFESSOR BERG HELPS LAWMAKERS PASS RESPECT FOR MARRIAGE ACT
and Robin Fretwell Wilson, who co-authored a letter to Sen. Susan Collins (Maine) and Sen. Tammy Baldwin (Wisconsin) prior to the Senate’s approval of the RFMA. It urged Republican senators to support the bill and explained the religious freedom protections that had been added. During the floor debate, Sen. Rob Portman (Ohio), a lead Republican proponent of the bill, repeatedly quoted and cited the letter from Berg and his colleagues – “the opinion of leading experts in the field” – as the key analysis showing that the religious liberty protections were significant. For Berg and his colleagues, the passage of the RFMA is an important milestone during a time of significant political polarization and an example of how groups on two sides of a legislative issue can find balanced solutions and respect the constitutional freedoms of both sides. “The great benefit of this law is that it will exemplify that we can protect both same-sex marriage rights and religious liberty – indeed, as a practical matter in our divided times, we must protect one as we protect the other,” Berg said. “The refusal by activists on both sides to seek balanced solutions has blocked the passage of LGBTQ nondiscrimination laws and harmed the appeal of religious liberty as a fundamental right. This bill helpfully shows that it’s possible to overcome the impasse, even in a small way; thus, it could encourage future, broader efforts.”
The Respect for Marriage Act (RFMA) was passed by the U.S. Senate on Nov. 29, 2022, with the help of analysis and support from a group of leading religious liberty scholars that included School of Law Professor Thomas Berg. The bill, which was signed into law on Dec. 13, 2022, requires all states to recognize same-sex unions legally performed elsewhere in the country. It was ultimately passed because its authors negotiated an amendment for religious liberty protections, which secured endorsement of the bill from religious groups such as The Church of Jesus Christ of Latter-day Saints. It was also endorsed publicly by top constitutional law experts Thomas Berg, Douglas Laycock, Carl Esbeck
FACULTY PUBLISH NEW BOOK EDITIONS
The second edition of “Learning Sales Law,” co-authored by Associate Dean Elizabeth Schiltz , was published by West Academic.
The fifth edition of “The Constitution of the United States,” co-authored by Professor
Michael Stokes Paulsen, was published by West Academic.
Spring 2023 Page 7
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