Religious Freedom in Faith-Based Educational Institutions in the Wake of 'Obergefell v. Hodges': Believers Beware

Author(s)

Charles J. Russo, University of DaytonFollow

Document Type

Article

Publication Date

2016

Publication Source

Brigham Young University Education and Law Journal

Abstract

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,² likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated institutions that may be affected include health and social services agencies, such as those working with adoptions ³ and ministering to the needy.⁴ These educational institutions and other agencies designed to assist the common good run the risk of being shuttered as a form of punishment, to the detriment of many, if they remain true to their faith—a decidedly un- American prospect.

Inclusive pages

263-308

Document Version

Published Version

Comments

This document is provided for download in compliance with the publisher's policy on self-archiving. Permission documentation is on file.

Copyright

Copyright © 2016, Brigham Young University Education and Law Journal

Publisher

Brigham Young University Education and Law Journal

Volume

2016

Issue

2

Peer Reviewed

yes

eCommons Citation

Russo, Charles J., "Religious Freedom in Faith-Based Educational Institutions in the Wake of 'Obergefell v. Hodges': Believers Beware" (2016). Educational Leadership Faculty Publications. 63.
https://ecommons.udayton.edu/eda_fac_pub/63