Our law remains frustratingly confused on the issue of religious liberty. When the U.S. Supreme Court recognized a right to marriage for same-sex couples in Obergefell v. Hodges, it opened up many questions regarding how this new right would interact with those already in existence. In particular, what does protecting this right mean for respecting religious liberty?
For years, the court refused cases that could bring some potential clarity on this point – cases involving businesses seeking not to service same-sex weddings. The one case it did take, Masterpiece Cakeshop v. Colorado Civil Rights Commission, left the most important questions undecided.
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