Christianity Today Chart on Religious-Liberty Protections in Same-Sex Marriage Laws

Christianity Today has posted a story and a compilation chart on exemptions for religious objectors in the various same-sex marriage laws of the states.  (The story also links to a more detailed version of the chart; the pared-down version and the story will also run in the new hard-copy issue of the magazine.)  The story title "Evangelicals' Favorite Same-Sex Marriage Law?" is, of course, ironic.  The story features explanations and comments from Doug Laycock (U. Virginia), Robin Fretwell Wilson (U. Illinois), and me.  Robin, Doug, and I worked with the Christianity Today editors on the chart: it is Robin’s compilation, with input from Doug and me on the categories and the state characterizations.

This is a compilation, as user-friendly as possible, of the results in the states under both same-sex-marriage legislation and judicial rulings.  (The latter, of course, are unlikely to set forth significant or specific protections for religious objectors, because no such concrete disputes are before the court that's ruling on same-sex marriage itself.)  The chart attempts to organize and simplify a wide variety of exemption provisions in the states.  I hope that it (and Robin's forthcoming article it will accompany) will be a valuable resource for people in the remaining states who will deal with these issues—as legislators, religious leaders, etc.—and who will want to propose as much protection for religious freedom as possible in their circumstances.  Thank you to Christianity Today's editors, especially Sarah Eekhoff Zylstra, for providing this informative service.

We're entering a new period on this issue.  Most of the states recognizing same-sex marriage so far have done so because of legislation; but the "low-hanging fruit" for same-sex-marriage proponents (the blue states) have mostly been picked, at least for now.  (The underlying demographic shifts in favor of same-sex marriage will put more states in play politically in the future.)  Now courts are ruling in favor of same-sex marriage, including in red states like Oklahoma and Utah, and the Supreme Court may do the same in the next few years.  If red states are ordered by judicial ruling to recognize same-sex marriage, they may respond with markedly broader exemption provisions than have succeeded in the blue states.  For example, in those states that are red enough to protect traditionalist objectors broadly, but "purple" enough to have some laws (even municipal laws) against sexual-orientation discrimination, exemptions might extend to small commercial businesses like the wedding photographer or landlord (something no state has yet done).