LGBT advocates are 2-for-2 in fighting religious freedom laws. Here’s what’s next
By Amber Phillips August 15 at 7:00 AM
In 2014, the Supreme Court decided not to hear a case about two photographers denying their services to a lesbian couple for their commitment ceremony. The decision effectively upheld a lower court's ruling that the photographers had discriminated against the couple and violated New Mexico's nondiscrimination laws for LGBT people.
On Tuesday, a Colorado appeals court unanimously decided that a baker had overstepped his legal bounds when he refused to bake a cake for a gay couple's wedding, citing religious opposition. Like New Mexico, Colorado also bans discrimination in a public place on grounds of sexual orientation.
Despite these two high-profile state cases, LGBT rights advocates say it's too soon to tell whether the so-called religious freedom debate -- which has been simmering politically ever since the Supreme Court legalized gay marriage nationwide -- is going to be the next legal battle on the LGBT frontier. But it's certainly possible.
The Supreme Court's decision legalizing gay marriage has left tension in America about how same-sex marriages are going to play out, especially in the 12 states -- often very conservative and religious -- that had previously banned them, said Cathryn Oakley, a senior legislative counsel with the Human Rights Campaign. The justices made no ruling on discrimination laws, leaving the battle up to the states.
And that tension, so far, is playing out at the state level. As the Supreme Court debated its landmark decision, state legislatures debated roughly 120 bills aimed at promoting religious freedom -- generally defined as protecting people who disagree with same-sex marriage from having to participate in gay weddings -- Oakley said. Indiana was one of the most high-profile this year.
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