Freedom of Religion and Marriage Equality

Abstract

This chapter seeks to explain, as a descriptive matter, when, how, and why issues of religious freedom became part of the marriage equality debates. Using a historical context, the principle of religious freedom is examined, providing a provocative analysis of religious liberty cases and the ongoing role courts have played in this debate after the legalization of same-sex marriage in the United States through the 2015 Obergefell v. Hodges Supreme Court decision. A legal analysis is provided for Supreme Court cases.