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Here’s What the Court Didn’t Decide in ‘Masterpiece Cakeshop’

By Patrick Hornbeck

…sons” and, on the other, “the right of all persons to exercise fundamental freedoms,” including the free exercise of religion. And therein lies a second, likely much less welcome upshot for gay rights advocates. Justice Kennedy’s opinion for the Court argued that the Civil Rights Commission unfairly treated Phillips in two ways. His first argument, that the commission permitted other bakeries to refuse service to customers who wished to commission…

Historian: Evangelical Trump Fandom is No Deviation

By Neil J. Young

…then, seeking a court, an institution really of the state, to preserve or promote such “freedoms” may be a last resort of conservative evangelicals. And I doubt that, in a dramatically changing and diversifying country, it will bring in substantial political or social rewards. But it may help evangelicals to retain what they have won over the better part of a century and still seek in thousands of small businesses and myriad business activities,…

What 19th-Century Marriage Controversies Can Tell Us About The Fight Over Gay Marriage

By Eric C. Miller

…ange understandings of marriage. Polygamy (nineteenth century Mormons) and free love (some groups of Perfectionists) were two dramatic attempts to change marriage that were based in religious and often explicitly biblical justifications. Religion can be a malleable tool in negotiating the meaning and significance of marriage in public life. The perceived connection between marriage and the future of the nation also has a long history. Commentators…

Rubio Is Confused About Christianity, Marriage Equality, and the Constitution

By Sarah Posner

…other religious teaching) at all, much less deeming it “hate speech.” The Free Exercise Clause protects religious practice and religious speech. Under the Free Speech Clause, the government cannot proscribe “hate speech” or even define it. Under the Establishment Clause, the government cannot endorse (or renounce) a particular religion. You can say gay people are intrinsically disordered. Or you can say they don’t have a constitutional right to g…

Capricology: Week 3: Apotheosis, Anyone?

By Salman Hameed

…tual world, but as someone who teaches about race, and slavery, you can be free even if others don’t think you are, or are worthy of being free. The bigger question that goes alongside of this is: can you become divine if you’re not real? Hmmn. That brings up all sorts of issues, especially if, as it seems presently, the writers are making this new religion suspiciously like Catholicism. I hope that the writers won’t go in the easy direction of co…

A Bill Passes, Westboro Baptists Shrug

By Rebecca Barrett-Fox

…the two key issues at stake in its signing: First Amendment rights to the free exercise of religion and to free speech: I am very pleased to be signing this bill into law. The graves of our veterans are hallowed ground. And obviously we all defend our Constitution and the First Amendment and free speech, but we also believe that when men and women die in the service of their country and are laid to rest, it should be done with the utmost honor an…

Here’s What the Court Didn’t Decide in Masterpiece

By Patrick Hornbeck

…sons” and, on the other, “the right of all persons to exercise fundamental freedoms,” including the free exercise of religion. And therein lies a second, likely much less welcome upshot for gay rights advocates. Justice Kennedy’s opinion for the Court argued that the Civil Rights Commission unfairly treated Phillips in two ways. His first argument, that the commission permitted other bakeries to refuse service to customers who wished to commission…

Supreme Court Conservatives Allow Execution of Muslim Prisoner Despite Religious Freedom Violation

By Andrew L. Seidel

…rnment, the First Amendment is important: “the Constitution’s guarantee of free exercise, cannot impose regulations that are hostile to the religious beliefs of affected citizens …. The Free Exercise Clause bars even ‘subtle departures from neutrality’ on matters of religion.” The Commission was not acting neutrally toward the bakery’s religion. Now, compare this to the short opinion that permitted the execution of Ray, a religious minority. Nothi…

Marriage Vote ‘Transforms’ Not-So-Catholic Ireland; Activist to Malaysian PM – ‘Love Is Not Terrorism’; LGBTs Find Growing Acceptance in Colombia, Not At World Meeting of Families; Global LGBT Recap

By Peter Montgomery

…is at the heart of both the arguments to allow gay marriage and those that promote the traditional definition of marriage,” he said. He also asked the Legislature to consider freedom of religion when moving forward with legislation to reflect the Supreme Court’s decision. South Africa: Call for inclusive sex education Advocates for sexuality education in South Africa are urging schools to move beyond the “when a boy loves a girl” narrative that is…

Orthodox Church’s Authoritarian Anti-LGBTQ Statement Poses Serious Threat to Academic Freedom

By Sarah Riccardi-Swartz

…he OCA, the Synod of Bishops have the authority to restrict their right to free academic speech and thought. Academic freedom, which was arguably founded in Medieval Christianity, has always been subject to institutional affiliation. But the OCA document doesn’t specify who might be at risk. Does it pertain to OCA lay members employed at institutions and/or writing academic articles for publications unaffiliated with the OCA? There is (or at least…