After the U.S. Supreme Court’s landmark decision in Obergefell v. Hodgesmany on the religious right worried about the impact of the decision on their religious freedom. Shortly thereafter, there was a growth in state Religious Freedom Restoration Act (RFRA) legislative bills. Some believe the legislation was designed to protect religious freedom while others believe it was designed to discriminate against the LGBTQ community. This paper examines the debate between religious freedom and discrimination against same-sex marriage including state RFRA proposals and the ensuing protests to those proposals. It next reviews some of the cases involving challenges to providing services for same sex marriages such as Elane Photography v. Willockand Masterpiece Cake Shop v. Colorado Civil Rights Comm. As well, the paper looks at the impact of Trump administration policies ¾like the 2017 Religious Freedom Executive Order and amicus briefs filed in some of the same-sex marriage cases¾on the debate.
"Religious Exemptions And Same-sex Marriage Discrimination Post Trump,"
North East Journal of Legal Studies: Vol. 37, Article 3.
Available at: https://digitalcommons.fairfield.edu/nealsb/vol37/iss1/3