The Colorado website designer's win is one of dozens of federal cases where religious beliefs and LGBTQ+ rights have clashed – and the pattern might not be what you think
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Monday, July 3, 2023
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In 2018, it was a Colorado baker refusing to bake a cake for a gay wedding.
Key Points:
- In 2018, it was a Colorado baker refusing to bake a cake for a gay wedding.
- As sociologists of religion and sexuality, we have analyzed every federal court case between 1990 to 2020 that involves religious beliefs and LGBTQ+ people’s rights – a total of 62 cases.
- The latest Supreme Court rulings make it seem as if cases that deal with plaintiffs’ faith are usually successful in federal courts.
- Most of the time they lose, and cases related to LGBTQ rights are no exception.
Three types of claims
- We focused our analysis on three types: those based on the free exercise clause of the First Amendment; those about free speech, as in 303 Creative, that are also based on the First Amendment; and religion claims citing Title VII of the Civil Rights Act, which prohibits employment discrimination.
- We found that in only 21 of the 62 cases did a federal court side side with the religious litigant.
- In cases related to employment, housing, incarceration, education or physical and mental health care, on the other hand, federal courts were unlikely to side with religion-based claims.
- Over time, fewer cases dealt with plaintiffs’ opposition to LGBTQ+ identity and more on LGBTQ+ relationships, specifically same-sex marriage.
Not always the ‘usual story’
- The majority of cases brought over the past 30 years – 50 of the 62 in our sample – were indeed brought by people who say their religious beliefs oppose LGBT identities or relationships.
- Still, there are examples of plaintiffs who use religion-based claims to advance LGBTQ+ rights.
- Shahar, who had held a Jewish wedding ceremony at her synagogue, argued that the attorney general had violated her right to freely exercise her religion, among other rights.
- Other litigants have integrated their religious beliefs or identity into federal court arguments, seeking to protect LGBTQ+ people and their rights.
The road ahead
- Today, hours after the court’s decision was announced, it is too early to predict the consequences of the ruling.
- It’s worth noting, however, that the Supreme Court declined to consider Smith’s claims that Colorado’s law violated the free exercise clause of the First Amendment.
- Yet they were not willing to consider whether the law impeded her ability to freely practice her faith.