Yes, American Religious Liberty Is in Peril

Yes, American Religious Liberty Is in Peril
AP Photo/Matt Slocum

As the 2020 presidential contest begins, it's worth reflecting on one of the issues that made Donald Trump president—religious liberty. And it's worth remembering a moment that helped him to win.

The date was April 28, 2015, and the case was Obergefell v. Hodges—the case that created the constitutional right to same-sex marriage. But it wasn't the recognition of gay marriage that cost Democrats. Public opinion had been trending strongly in that direction for some time. No, it was a moment buried deep in the oral argument transcript that sent shock waves through the conservative Christian establishment.

Justice Samuel Alito asked President Barack Obama's solicitor general Donald Verrilli, Jr. whether constitutional recognition for same-sex marriage would lead to stripping federal tax exemptions from religious colleges that oppose gay marriage, in the same way that federal law strips tax exemptions from colleges that oppose interracial marriage or interracial dating. Rather than immediately answering "no," Mr. Verrilli said, "It's certainly going to be an issue."

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