Brigham Young University Prelaw Review


gay, gay marriage, religious liberty, LGBT, civil rights, religious rights, Obergefell, Obergefell v. Hodges, RFRA, Smith, Smith v. Oregon, same-sex, same sex, same-sex marriage, same sex marriage


This paper attempts to provide a reasonable framework for thinking about religious liberty issues following the Supreme Court's decision in Obergefell v. Hodges. Following the decision in that case, which requires states to wed same-sex couples, there has been a national debate about when - and if - religious business owners can discriminate based on sexual orientation. This issue pits religious liberty organizations against LGBT rights organizations, and leaves both sides feeling demonized and misunderstood. This paper advocates a more nuanced approach, and suggests that reasonable compromise is possible if we are willing to leave behind self-righteousness and instead engage in a conversation characterized by mutual respect.