The Westboro Baptist Church is back in the news. The threat that the church would engage in anti-gay picketing of the funerals of the victims of the shooting in Tuscon caused the Arizona legislature to quickly pass legislation prohibiting funeral protests. The legislation may well prove unconstitutional, though the basis on which the decision won’t be decided—the First Amendment’s free exercise clause—may come as a surprise to many observers. It may come as a surprise that, below the radar of most Americans, religion has lost its special status.
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