How to Secularize a Religious Argument: An Examination of Selected Amici Briefs Filed in In re Marriage Cases

• In Event: What Can We Learn from the California Gay Marriage Debates?

Abstract

Amici Curiae briefs are an underappreciated source for understanding legal argumentation. This presentation is based on a review of all 45 amici briefs filed for In re Marriage Cases and will focus in particular on how advocates attempted to “secularized” otherwise religious arguments opposed to gay marriage in order to be “reasonable” according to the norms and practices of constitutional argument.

Author

• Emily Berg, University of Minnesota, Twin Cities