Ideas

Can the Baker, the Florist, the Photographer, and the Clerk Win?

Experts weigh in on religious liberty challenges to same-sex marriage.

iravgustin /Shutterstock

Conservative Christians have told judges that providing services for same-sex weddings violates their religious freedom. So far, courts in Colorado, Ohio, Oregon, and Kentucky have disagreed with them.

Can the wedding service providers eventually win in court? Here's how experts weighed in. Answers are arranged on a spectrum from “yes” answers at the top to “no” answers at the bottom.

“We’re absolutely on the right side of the law on these cases. We’re probably going to see lower courts deciding different ways, but the Supreme Court has already twice found that First Amendment rights trump sexual orientation nondiscrimination laws.” ~Jeremy Tedesco, attorney, Alliance Defending Freedom

“Most of these cases involving Christian business owners have arisen on the West Coast and more liberal-leaning areas of the country. They have not fared well, but most are still in play. I hope that we will see better results in other geographical areas.” ~Roger Gannam, attorney, Liberty Counsel

“The best bet for these religious objectors is to seek accommodation in the political process. They’re not likely to get a specific exemption in statewide law unless they bargain. In Utah, for example, laws protect LGBT individuals and religious objectors.” ~Robin Fretwell Wilson, professor, University of Illinois College of Law

“Exemptions for small vendors from providing personal services directly for a wedding when other vendors are available would protect providers’ religious conscience without undermining access. Even so, courts thus far have been reluctant to recognize them.” ~Thomas C. Berg, professor, University of St. Thomas School of Law

“Society’s compelling interest in preventing discrimination will likely trump religious freedom arguments, judging from how civil rights laws have been applied. This will likely be the case even in states with Religious Freedom Restoration Acts or strong free-exercise protections.” ~Charles C. Haynes, scholar, First Amendment Center, Newseum

Also in this series

Also in this issue

The CT archives are a rich treasure of biblical wisdom and insight from our past. Some things we would say differently today, and some stances we've changed. But overall, we're amazed at how relevant so much of this content is. We trust that you'll find it a helpful resource.

Cover Story

History’s Biggest Heresies

Compiled by Kevin P. Emmert

Cover Story

Why You Shouldn’t Call That False Teaching a Heresy

Justin S. Holcomb

Cover Story

Do You Believe a False Teaching?

News

When Churches Get Burnt by the Offering

Sarah Eekhoff Zylstra

The Weird and Wonderful Church Drawings of John Hendrix

Testimony

From the Bahá’í Faith to Porn to Alpha to Jesus

Emily Armstrong

Excerpt

Don't Laugh, but I Think Theology Should Be Funny

Stanley Hauerwas

Can One Marriage Support Two Callings?

Dorcas Cheng-Tozun

A Pastor's Journey from Gay Pride Parades to the Pulpit

Our Beautiful, Broken Christian Ancestors

Was the Samaritan Woman Really an Adulteress?

Lynn H. Cohick

Review

Leaving Patriarchy in the Past

Craig L. Blomberg

News

The Christian Case for Not Giving Up on the World's Most Fragile State

Review

Are You Worshiping a Fake Jesus?

Will Willimon

The Justice-Forward Salvation Army

How Christian Institutions Can Stay Christian Amid Secular Pressure

Interview by Matt Reynolds

A History Lesson

Reply All

A Beautiful Escape

Harold B. Smith

Wilson’s Bookmarks

John Wilson

New & Noteworthy Books

Matt Reynolds

Tent of Greeting

News

Gleanings: October 2015

CT staff

Editorial

Why We Need the New Battle for the Bible

View issue

Our Latest

Analysis

Republicans and Democrats Clash on Epstein File Release

The Bulletin with Nicole Martin

The newest documents remind Christians to support sexual abuse victims.

Evangelicals Confront a Revolutionary Age

A Catholic on the campaign trail and the “possibly catastrophic character of what is happening under our eyes” caused deep concern in 1960.

News

Hindu Nationalists Attack Missionaries in Northern India

One victim describes the mob descending on their bus, a rare occurrence in Muslim-majority Jammu and Kashmir.

News

Armenia Holds Inaugural Prayer Breakfast Amid Church Arrests

Some see the crackdown as persecution, others challenge the national church’s ties to Russia.

Review

A New Jesus Horror Movie Wallows In Affliction

Peter T. Chattaway

“The Carpenter’s Son,” starring Nicolas Cage, is disconnected from biblical hope.

The Bulletin

Israeli Settler Violence, Epstein Emails, and BrinGing Back Purity

Mike Cosper, Clarissa Moll, Russell Moore

West Bank skirmishes, Congress releases Epstein documents mentioning Trump, and Gen Z reconsiders purity culture.

News

Christians from 45 Countries Call for Zion Church Pastor’s Release

Meanwhile in China, the house church continues to gather and baptize new believers.

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Kenyan Clergy Oppose Bill Aimed at Regulating Churches

Moses Wasamu

Pastors say the proposed law could harm religious freedoms.

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