Robin Fretwell Wilson Articles (2012-2018)

 

Finding Common Ground, in Religious Freedom, LGBT Rights, and the Prospects for Common Ground, by William N. Eskridge, Jr. & Robin Fretwell Wilson (under contract with Cambridge University Press)

Forthcoming 

Bakers and Bathrooms: How Sharing the Public Square is the Key to New Nondiscrimination Laws, in Religious Freedom, LGBT Rights, and the Prospects for Common Ground, by William N. Eskridge, Jr. & Robin Fretwell Wilson (under contract with Cambridge University Press)

Forthcoming

 By Faith Alone: When Religion and Child Welfare Collide, in The Contested Place of Religion in Family Law, by Robin Fretwell Wilson with Shaakirrah Sanders (2018)

 In this chapter excerpted from The Contested Place of Religion in Family Law, law professor and family law expert Robin Fretwell Wilson discusses how to discipline one’s child, like the decision to treat “by faith alone,” sometimes runs deep in religious and…

Continue reading https://ssrn.com/abstract=3208778

Divorcing Marriage and the State Post-Obergefell, in The Contested Place of Religion In Family Law, by Robin Fretwell Wilson (2018)

 Robin Fretwell Wilson observes how commentators and legislators expressed deep unease over the public meaning of marriage following Obergefell v. Hodges and latched onto a seductively simple solution to the conflicts erupting around same-sex marriage: “[G]et the…

Continue reading https://ssrn.com/abstract=3208763

Squaring Faith and Sexuality: Religious Institutions and the Unique Challenge of Sports, by Robin Fretwell Wilson (2017)

The solicitude traditionally afforded to religious institutions to function within the tenets of their faith has recently come under increasing scrutiny, especially in the context of higher education. Distinctions based on sexual orientation or gender…

Continue reading https://ssrn.com/abstract=2912911

Unpacking the Relationship between Conscience and Access, by Robin Fretwell Wilson (2017)

Many people reflexively accept or reject healthcare conscience protections. Those prizing religious freedom argue that conscience protections ensure that religious believers can both take jobs in medicine and act consonant with their faith. This group…

Continue reading https://ssrn.com/abstract=2912515

The Nonsense About Bathrooms: How Purported Concerns over Safety Block LGBT Nondiscrimination Laws and Obscure Real Religious Liberty Concerns, by Robin Fretwell Wilson (2017)

Although Americans overwhelmingly believe that LGBT people should not be turned away from a business open to the public just for being gay or transgender, no state has enacted protections for all LGBT people against being told that “we don’t serve…

Continue reading https://ssrn.com/abstract=2912552

The Future of Religious Liberty Protections in Illinois: Harmonizing Religious Exercise and Legitimate Government Concerns, by Robin Fretwell Wilson and colleagues (2017)

Americans are generally supportive of religious freedom, especially compared with people in other countries. However, some Americans are worried about what they see as a growing threat to religious freedom — and no wonder. The news is replete with…

Continue reading https://ssrn.com/abstract=2953983

When States Regulate Emergency Contraceptives Like Abortion, What Should Guide Disclosure?, by Robin Fretwell Wilson and colleagues (2017)

Between 2011 and 2013, state legislatures enacted 205 abortion laws — 16 more than in the entire decade before. Most laws take direct aim at surgical abortions, although some also target chemical abortions that use drugs like RU-486, a common chemical…

Continue reading https://ssrn.com/abstract=3079925

'Getting the Government Out of Marriage' Post Obergefell: The Ill-Considered Consequences of Transforming the State’s Relationship to Marriage, by Robin Fretwell Wilson (2016)

To say after U.S. Supreme Court’s landmark decision extending the right to marry to same-sex couples in Obergefell v. Hodges that the simmering dispute over marriage turned into a “raging inferno” would be an understatement. Collisions over same-sex marriage erupted…

Continue reading https://ssrn.com/abstract=2742272

The Precarious Status of Domestic Partnerships for the Elderly in a Post-Obergefell World, by Robin Fretwell Wilson and colleagues (2016)

The Supreme Court’s landmark decision in Obergefell v. Hodges gave same-sex couples the right to marry in all fifty states, correcting the injustice that non-marital legal statuses like domestic partnerships were intended to remedy. Now that same-sex couples can marry…

Continue reading https://ssrn.com/abstract=2914611

Bargaining for Civil Rights: Lessons from Mrs. Murphy for Same-Sex Marriage and LGBT Rights, by Robin Fretwell Wilson (2016)

This Article tests the claim made by opponents of expanded rights for lesbian, gay, bisexual and transgendered (“LGBT”) individuals that legislators should resist enacting legislative compromises that expand LGBT rights while insulating religious…

Continue reading https://ssrn.com/abstract=2729818

Bargaining for Religious Accommodations: Same-Sex Marriage and LGBT Rights After Hobby Lobby, by Robin Fretwell Wilson (2016)

In the blowback over Hobby Lobby, nothing has figured more prominently than the implications for same-sex marriage and the rights of lesbian, gay, bisexual and transgendered (“LGBT”) individuals. Critics now challenge all concessions to religious…

Continue reading https://ssrn.com/abstract=2730685

Demystifying Hobby Lobby, by Robin Fretwell Wilson (2016)

The Supreme Court’s decision in Burwell v. Hobby Lobby Stores generated significant commentary on America’s conception of religious liberty, both inside and outside of the United States. This chapter places Hobby Lobby in the larger context of religious…

Continue reading https://ssrn.com/abstract=2730932

Religious Liberty after Hobby Lobby: A Panel of the 2014 Federalist Society National Lawyers Convention, by Robin Fretwell Wilson and colleagues (2016)

The following remarks were given on November 14, 2014 during a panel of the 2014 Federalist Society National Lawyers Convention. The focus of the discussion revolved around the recent Supreme Court decision in Burwell v. Hobby Lobby. The discussion…

Continue reading https://ssrn.com/abstract=2914582

Summary of the Utah Compromise, by Robin Fretwell Wilson (2015)

In an landmark compromise, Utah enacted a pair of laws last week to balance LGBT rights and religious liberty. One measure, SB 296, bans discrimination against lesbians, gays, bisexuals and transgender…

Continue reading https://ssrn.com/abstract=2584543

The Politics of Accommodation: The American Experience with Same-Sex Marriage and Religious Freedom, by Robin Fretwell Wilson (2015)

In war, litigation, and even the legislative process, parties go to battle when they fundamentally underestimate the other side's strength. Armed with a more realistic view of a rival's strengths, the same parties will sometimes come to the bargaining table, with. renewed appreciation for the advantages of…

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Emergency Contraceptives or 'Abortion-Inducing' Drugs? Empowering Women to Make Informed Decisions, by Robin Fretwell Wilson and colleagues (2014)

The Obama Administration’s (Adminstration) mandate under the Patient Protection and Affordable Care Act (ACA) that nearly all employers cover certain contraceptive drugs and devices in any employee health plan (the Mandate) opened a new front in…

Continue reading https://ssrn.com/abstract=2442028

Marriage of Necessity: Same-Sex Marriage and Religious Liberty Protections, by Robin Fretwell Wilson (2014)

Since the U.S. Supreme Court heard oral arguments in Hollingsworth v. Perry and U.S. v. Windsor, the number of states recognizing same-sex marriage has exploded. Even though the Supreme Court “stopped short of deciding whether the Constitution…

Continue reading https://ssrn.com/abstract=2448344

Embracing Compromise: Marriage Equality and Religious Liberty in the Political Process, by Robin Fretwell Wilson and colleagues (2014)

Looking back on the history of same-sex marriage legislation, it is easy to see patterns of compromise and nuanced argumentation about the relationship between equal marriage recognition for same-sex couples and the rights of religious objectors. This…

Continue reading https://ssrn.com/abstract=2640528

When Governments Insulate Dissenters from Social Change: What Hobby Lobby and Abortion Conscience Clauses Teach About Specific Exemptions, by Robin Fretwell Wilson (2014)

After the U.S. Supreme Court’s decision in Burwell vs. Hobby Lobby, two great civil rights battles of our time — the extension of marriage to same-sex couples and women’s access to reproductive services — are firmly linked in the public’s…

Continue reading https://ssrn.com/abstract=2500779

Limiting the Prerogatives of Legal Parents: Judicial Skepticism of the American Law Institute's Treatment of De Facto Parents, by Robin Fretwell Wilson (2013)

This article argues that the ALI’s thinned-out test for parenthood overrides the judgments of mothers without sufficient consideration for the risks to children. It demonstrates that the existence of a loving relationship is precisely the kind of qualitative test that the drafters of the…

Continue reading https://ssrn.com/abstract=3042798

The Death of Jesse Gelsinger: New Evidence of the Influence of Money and Prestige in Human Research, by Robin Fretwell Wilson (2012)

Ten years ago, Jesse Gelsinger died while participating in a human gene therapy trial at the University of Pennsylvania (“Penn”). His death came to signify the corrosive influence of financial interests in human subjects research. After Jesse’s…

Continue reading https://ssrn.com/abstract=2022128

Enlarging the Regulation of Shrinking Cosmetics and Sunscreens, by Robin Fretwell Wilson (2012)

While one is hard-pressed to name an industry that has not jumped on the nanotechnology bandwagon, the makers of cosmetics and sunscreens have capitalized on nanotechnology more aggressively than any other. The appeal of…

Continue reading https://ssrn.com/abstract=2016518

The Calculus of Accommodation: Contraception, Abortion, Same-Sex Marriage, and Other Clashes Between Religion and the State, by Robin Fretwell Wilson (2012)

This Article considers a burning issue in society today - whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s…

Continue reading https://ssrn.com/abstract=2155867

Sex Play in Virtual Worlds, by Robin Fretwell Wilson (2012)

When children play in proximity to adults, many of us naturally worry about less-than desirable results. This fear now animates discussions of children playing in virtual worlds. The FBI’s "Parent’s Guide to Internet Safety," for example, focuses on preventing…

Continue reading https://ssrn.com/abstract=2016345