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But because marriage affects just about every area of the law, gay marriage is going to create a point of conflict at every point around the perimeter." For scholars, these will be interesting times: Want to know exactly where the borders of church and state are located? The flood of litigation surrounding each point of contact will map out the territory.For religious liberty lawyers, there are boom times ahead. The issue is adoption to same-sex couples." It was shocking news.

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CATHOLIC CHARITIES OF BOSTON made the announcement on March 10: It was getting out of the adoption business. That same year, partly in response to growing pressure for gay marriage and adoption both here and in Europe, a Vatican statement made clear that placing children with same-sex couples violates Catholic teaching.

The majority ruled that only animus against gay people could explain why anyone would want to treat opposite-sex and same-sex couples differently.

Then in November 2003, the Massachusetts Supreme Judicial Court ordered gay marriage.

The issue is adoption to same-sex couples." CATHOLIC CHARITIES OF BOSTON made the announcement on March 10: It was getting out of the adoption business. "It's a shame because it is certainly going to mean that fewer children from foster care are going to find permanent homes." Marylou Sudders, president of the Massachusetts Society for the Prevention of Cruelty to Children, said simply, "This is a tragedy for kids." How did this tragedy happen? Massachusetts law prohibited "orientation discrimination" over a decade ago.

Lieutenant Governor Kerry Healey, the Republican candidate for governor in this fall's election, refused to budge: "I believe that any institution that wants to provide services that are regulated by the state has to abide by the laws of the state," Healey told the Boston Globe on March 2, "and our antidiscrimination laws are some of our most important." From there, it was only a short step to the headline "State Putting Church Out of Adoption Business," which ran over an opinion piece in the Boston Globe by John Garvey, dean of Boston College Law School.