Wednesday, December 6, 2017
Doug Laycock and I did another piece, this one at Vox, explaining how the Court can and should rule for the baker, under the Free Exercise Clause, in a way that gives meaningful protection to both same-sex couples and religious objectors. (Several editor solicitations.) Conclusion, after going through the analysis:
We should not have to go through this detailed analysis to protect a simple act of conscience. Same-sex couples should be free to marry, with fancy weddings and wedding cakes, and conscientious objectors should not be required to assist. But under the Supreme Court’s interpretation, the Constitution protects religious conscience only against laws that fail its test of general applicability. Fortunately for Jack Phillips, the Colorado law as it was administered fails that test.