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

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The manifesto of the WHCD shooting suspect was biblically superficial and wrong. It was also unsettlingly familiar.

The Bulletin

Trust in Higher Ed, Marijuana Status, NFL Draft, and West Bank Violence

Public confidence in universities, medical marijuana risk, NFL draft picks, and understanding the Israeli settler movement.

Review

God Didn’t Make a Zero-Sum World

Ian Shapiro argues that democracy depends on spreading the wealth. But Christians are equipped to live in love, not fear.

Excerpt

Competence Is Deeper Than Confidence

David Thomas

An excerpt from Capable: How to Teach Your Kids the Strengths, Skills, and Strategies to Build Resilience.

The Syllabus

In College, AI Is a Friend and Foe

Students discuss how the technology can serve as a learning tool but can also lead to dishonesty and laziness.

News

Washington Attack Suspect Sought to Justify Himself to Christians

In writings, Cole Tomas Allen thanked his church and argued that his attempt to assassinate Trump administration officials was compatible with his faith.

Being Human

Shame, Sexual Abuse, and Gaslighting with Christine Caine & Yana Jenay Conner

Can forgiveness meet reality when we navigate family trauma with truth?

The Revival That Wasn’t—and the One That May Be

Josh Packard and Raymond Chang

Young people remain deeply wary of large institutions, but they are undeniably interested in faith.

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