Boston University School of Law
I am delighted to participate in this symposium on Professor Linda C. McClain’s wonderful new book, Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. All of the other papers in this symposium focus on Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (and thus connect with Chapter Eight of her book, on claims of religious exemptions from protections of gay and lesbian rights), while my piece will join issue with the related Chapter Seven, on bigotry, motives, and morality in the Supreme Court’s gay and lesbian rights cases. In this brief Essay, I cannot do justice to McClain’s rich, insightful, and illuminating treatment of bigotry. But I can offer some thoughts on the unnecessary and unfortunate focus on “bigotry” in analyzing opposition to gay and lesbian rights that are deeply informed by and congruent with those in her book.
The Unnecessary and Unfortunate Focus on “Animus,” “Bare Desire to Harm,” and “Bigotry” in Analyzing Opposition to Gay and Lesbian Rights,
Boston University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/824