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

Cover Story

Why You Shouldn’t Call That False Teaching a Heresy

Cover Story

Do You Believe a False Teaching?

News

When Churches Get Burnt by the Offering

The Weird and Wonderful Church Drawings of John Hendrix

Testimony

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

Excerpt

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

Can One Marriage Support Two Callings?

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

Our Beautiful, Broken Christian Ancestors

Was the Samaritan Woman Really an Adulteress?

Review

Leaving Patriarchy in the Past

News

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

Review

Are You Worshiping a Fake Jesus?

The Justice-Forward Salvation Army

How Christian Institutions Can Stay Christian Amid Secular Pressure

A History Lesson

Reply All

A Beautiful Escape

Wilson’s Bookmarks

New & Noteworthy Books

Tent of Greeting

News

Gleanings: October 2015

Editorial

Why We Need the New Battle for the Bible

View issue

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The incumbent senator is up against his strongest challenge yet in populist-right leader Ken Paxton.

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Seoul recently introduced free public services to tackle social isolation. Christians have been doing that for years.

Excerpt

‘Don’t Take It If You Don’t Need It’

The Trump administration releases new recommendations for Tylenol use during pregnancy.

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