Religious Arguments, Religious Purposes, and the Gay and Lesbian Rights Cases

Abstract

The Supreme Court's four major gay and lesbian rights decisions-Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges-were not cases about the First Amendment or religion. But collectively, often implicitly and sometimes explicitly, these cases teach us something about the role which religion should play in questions of constitutional equality and liberty.