Supreme Court Tries to Settle Religious Liberty Culture War

Supreme Court Tries to Settle Religious Liberty Culture War
AP Photo/J. Scott Applewhite, File

Barely has a single Supreme Court term created such alternating spasms of anger and joy, bouncing back and forth across the ideological aisle. And rarely has that seesaw reaction been so concentrated into a single, salient cultural issue – the perceived conflict between gay rights and religious liberty.

By the end of this term, however, a trend seemed clear – a slice of the Supreme Court, led by Chief Justice John Roberts and Justice Elena Kagan, seemed set on settling this conflict, if not once and for all, at least by providing a framework that can and will guide future courts. In doing so, they were pursuing a coherent legal philosophy that was grounded neither in the originalism of the court’s most conservative quartet of judges, nor in the “living constitution” malleability of progressive jurisprudence.

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