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From Exemptions To Censorship: Religious Liberty And Victimhood In Obergefell V. Hodges, Calvin Coker

Faculty Scholarship

This article analyzes the Supreme Court decision in Obergefell v. Hodges, showing that a subset of the dissent constructed devout religious groups as victims to re-articulate power relations between the state, LGBT groups, and religious entities. This re-articulation is possible as a consequence of ambiguity in the legal concept religious liberty, which is explored in depth. That ambiguity is employed to mount an argument against the decision, moving LGBT individuals from oppressed to oppressor of religious groups. The study contextualizes this inversion against the material and symbolic conditions of both the LGBT, and devout Christian, communities in the United …