John Huleatt, an alumnus of St. John’s Law School and General Counsel for the Bruderhof Community, a Christian group with roots in the Anabaptist tradition, has posted an interesting reflection on the Obergefell decision and the implications for religious liberty. Here’s a sample:
Accordingly, the state exceeds its legitimate authority when it lends its authoritarian power to either side in this debate. Protecting gays from discrimination in nonreligious matters is an appropriate concern for government and believers alike. But if the government requires believers to act in violation of their conscience in the name of so-called anti-discrimination, it is going too far. The United States, more than most other countries, has a long history of successfully accommodating competing rights. For this to continue, the state and proponents of gay marriage need to understand that no compromise for believers is possible where conscience is at stake. Thus free exercise of religion must be protected just as much as other civil rights. Religious dissent does not lose protection merely by being labeled discrimination. If the American public and the executive, legislative, and judicial branches of our government fail to recognize this, many people who are (in Justice Kennedy’s words) “reasonable and sincere” will have no choice but to resort to civil disobedience.
You can read Huleatt’s essay here.