In connection with the British judges’ decision barring as foster parents people who disapprove of homosexuality, I posited that making gay marriage a Constitutionally protected civil right could expose conservative faiths to lawsuits. Many had a hard time envisioning this, but legal expert Richard Epstein had exactly the same thought:
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To this day there are thoughtful people in religious groups that continue to hold fast against gay marriage, and their rights to determine what happens to their membership are necessarily impacted by this decision, for there is nothing in the curt statement from the Obama administration which explains why the Constitution should not be read to require the President of the Congress to impose obligations on these organizations to accept gay couples into their ranks. Orthodox Jews and Roman Catholics beware!
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