The Battle for Recognition: Religious Freedom post- Obergefell

Abstract

This article analyzes the latest efforts by opponents of same-sex marriage to frame their battle against this practice as a matter of religious liberty. This strategy is found in federal and state public policy, as well as the discourse of the religious right, situating their opposition within the tradition of multiculturalism, by characterizing religious individuals as an oppressed minority in need of protection. By framing the opposition to same-sex marriage as an issue of religious liberty, the religious right is able to eliminate the need to change public opinion on same-sex marriage, arguing instead that this is an issue of conflicting rights, with the opposition simply advocating for their individual liberty.