The United States Supreme Court has ruled in favour of a group of parents seeking to exempt their children from public school instruction that conflicts with their religious beliefs, in a 6-3 decision that reinforces constitutional protections for religious freedom.
The case was brought by Christian, Muslim, and Jewish parents in Montgomery County, Maryland, who objected to the use of LGBTQ-themed storybooks in elementary school classrooms, particularly books addressing same-sex marriage and gender identity.
Justice Samuel Alito, delivering the majority opinion, wrote that refusing to permit parents to opt their children out of such instruction “poses a very real threat of undermining their religious beliefs and practices” and violates the First Amendment’s guarantee of the free exercise of religion.
“The Montgomery County Board of Education’s introduction of the ‘LGBTQ+-inclusive’ storybooks, along with its decision to withhold opt outs, places an unconstitutional burden on the parents’ rights to the free exercise of their religion,” Alito wrote.
The justices found that the parents were likely to succeed in their legal challenge and should be granted a preliminary injunction while the case continues, meaning the school board must temporarily accommodate their request to be notified in advance of any related instruction and allow their children to be excused.
“In her dissent, Sotomayor accused the court of inventing a ‘constitutional right to avoid exposure to subtle themes contrary to the religious principles that parents wish to instill in their children.’” She was joined in dissent by Justices Elena Kagan and Ketanji Brown Jackson.
The dispute stems from a 2022 policy change when the school district introduced several LGBTQ-themed books into its language arts curriculum and initially allowed parents to opt out. A year later, the board reversed that decision, arguing the opt-out system was unmanageable and conflicted with the district’s commitment to inclusion.
The parents argued that mandatory exposure to the material, without an option to decline, amounted to “government-led indoctrination about sensitive matters of sexuality.” School officials, however, maintained that the books are intended to introduce children to “diverse viewpoints and ideas.”
During oral arguments in April, the court’s conservative majority signaled strong support for parental rights in such cases, indicating that allowing families to opt out of instruction on sensitive subjects should be “common sense.”
Two Denver-area Catholic parishes asked the U.S. Supreme Court on Thursday to reconsider a lower court decision that said parish preschools participating in Colorado’s state-funded preschool program couldn’t deny admission to LGBTQ children or children from LGBTQ families.
The appeal to the Supreme Court comes about six weeks after the 10th Circuit Court of Appeals ruled against the Catholic parishes, which had argued that enrolling children from LGBTQ families would conflict with their religious beliefs.
Gov. Jared Polis lauded the circuit court’s Sept. 30 ruling, which was a major win for the state.
If the Supreme Court agrees to hear the case, the justices could answer a question at the heart of the case: Can private religious schools that accept public education dollars refuse to enroll certain kids based on religious principles? The state and two lower courts have said no. The Supreme Court, which has a conservative majority, could give a different answer.
A spokesperson for Colorado Department of Early Childhood, which runs the state-funded preschool program, said officials won’t comment on pending or active litigation.
The Catholic preschools sued the state in 2023 as Colorado launched its new universal preschool program, which provides tuition-free preschool to 4-year-olds statewide. The $349 million program serves more than 40,000 children and allows families to choose from public, private, or religious preschools.
St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood wanted to join the program when it started, but didn’t want to admit LGBTQ children or children from LGBTQ families.
They asked for an exemption from state rules banning discrimination based on sexual orientation and gender identity, but the Colorado Department of Early Childhood refused. The two preschools never joined the program, and in August 2023, the parishes that ran the preschools sued the state.
Of more than 2,000 preschools participating in Colorado’s universal preschool program this year, about 40 are religious.
Attorneys from The Becket Fund for Religious Liberty, which is representing the Catholic preschools in the case, have argued that Colorado is discriminating against the preschools based on religion.
“Colorado is picking winners and losers based on the content of their religious beliefs,” Nick Reaves, senior counsel at Becket, said in a press release Friday.
The release suggests that Colorado’s rules barring discrimination have hurt Catholic preschool enrollment.
Since universal preschool began, “enrollment at Catholic preschools has swiftly declined, while two Catholic preschools have shuttered their doors, including one that predominantly served low-income and minority families,” the press release said.
Wellspring, one of two parish preschools involved in the case, did close last year when the K-8 school it was part of closed because of low enrollment and financial problems. A Catholic preschool in Denver also shuttered when the K-8 school it was part of — Guardian Angels Catholic School — closed at the end of the 2024-25 school year. At the time the Archdiocese of Denver announced the closure of Wellspring and Guardian Angels, it also announced the consolidation of two Catholic high schools into one campus.
In response to Gov. Greg Abbott’s order that cities remove rainbow crosswalks, Oak Lawn United Methodist Church is painting its front steps in rainbow colors.
Oak Lawn United Methodist Church is a long-standing inclusive faith community in Dallas and a reconciling congregation.
The governor’s order claims that crosswalks are a distraction to drivers. However, studies have shown fewer accidents involving pedestrians happen in rainbow crosswalks.
For OLUMC, located at the corner of Oak Lawn Avenue and Cedar Springs Road which is the site of one of the crosswalks, church leaders say this act is not one of defiance, but of faith.
“It’s important because silence is not neutral — silence in the face of harm always sides with the oppressor,” said OLUMC Senior Pastor Rachel Griffin-Allison. “Painting our steps in the colors of the rainbow is a visible witness to the gospel we preach: that every person is created in the image of God and worthy of safety, dignity and belonging.”
In a written statement, the church’s leadership said it hopes the rainbow steps will serve as both a statement of solidarity and a sanctuary of hope for the LGBTQ+ community and allies across Dallas.
Members of the church, led by Robert Garcia Sr., began painting the steps on Tuesday morning, Oct. 21. Garcia said it would take four or five coats of paint before a non-slip sealer is added to preserve the rainbow.
Garcia said work on the steps should take about two weeks.
The Church of Norway apologized on Thursday to the country’s LGBTQ+ community for decades of discrimination, Reuters reports.
Presiding Bishop Olav Fykse Tveit acknowledged the church’s regret at the London Pub in Oslo, site of a shooting during Pride celebrations in June 2022. Two people died in the homophobic attack.
Tveit said the Evangelical Lutheran church, the largest denomination in Norway, had caused harm to gay people and thanked those who campaigned for change.
“The church in Norway has imposed shame, great harm, and pain,” the bishop said. “This should not have happened, and that is why I apologize today.”
A similar acknowledgment by the church’s bishops in 2022 addressed past discrimination, including a description of gay people by the Norwegian Bishops’ Conference in the 1950s as a “social danger of global dimensions.”
Seventy years later, same-sex couples can marry in the Church of Norway.
A service was scheduled to follow the bishop’s remarks at the Oslo Cathedral on Thursday evening.
The church’s acknowledgement of institutional discrimination follows several over recent years by other Christian denominations.
In 2023, the Church of England apologized for “shameful” treatment of the LGBTQ+ community. The Protestant church represents 85 million Anglicans worldwide.
“We want to apologize for the ways in which the Church of England has treated LGBTQI+ people — both those who worship in our churches and those who do not,” the bishops said in a statement.
“For the times we have rejected or excluded you, and those you love, we are deeply sorry. The occasions on which you have received a hostile and homophobic response in our churches are shameful, and for this we repent.”
At the same time, bishops have refused to allow same-sex marriages in Anglican churches. Just this week, bishops turned back plans to officiate discrete blessings for same-sex couples, although these can take place within routine church services.
In August, the United Church of Canada, the largest Protestant denomination in the country, acknowledged harms to the two spirit and LGBTQ+ communities in Canada.
“We have failed to celebrate and delight in all of your beautiful Creation. We have wounded people instead of seeking wholeness. We are sorry,” said the Rev. Michael Blair, the church’s General Secretary, in a message accompanying the official apology.
“We, The United Church of Canada, express our deepest apologies to all those who have experienced homophobia, transphobia, and biphobia within The United Church of Canada,” it read in part.
Those institutional expressions of regret have been accompanied by recent individual apologies by church leaders, many in the Catholic Church.
In January, Catholic Cardinal Wilton Gregory of Washington, D.C., issued a personal apology from the pulpit.
“I apologize for my own failure to emulate Christ’s compassion,” he said. “The way that we have treated our LGBTQ brothers and sisters has brought them tears, and to many of us, disgrace.”
“I apologize from the heart for the hurt that has resulted in the loss of so many of our family members who belong to God no less than I do,” he said.
Last year, a Catholic bishop in Germany apologized for the church’s mistreatment of LGBTQ+ people, encouraging congregants to be more supportive of equality and inclusion.
“We want to be a diocese that values diversity,” Bishop Stephan Ackermann said during what he called a “public confession.” The next month, Archbishop Heiner Koch of Berlin also apologized, labelling homophobia an “unholy line of tradition.”
In 2016, Pope Francis said in a gaggle with reporters aboard the papal plane that Christians owe apologies to gay people and others who have been offended or exploited by the church.
“I repeat what the Catechism of the Catholic Church says: that they must not be discriminated against, that they must be respected and accompanied pastorally,” Francis said.
“The Church must ask forgiveness for not behaving many times – when I say the Church, I mean Christians! The Church is holy, we are sinners!”
A formal apology from the Catholic Church has not been forthcoming.
Last month, it was reported that the Supreme Court will formally consider a petition for a case calling on them to overturn their 2015 ruling in Obergefell v. Hodges, the historic ruling that made gay marriage legal nationwide. The petition comes from former Kentucky county clerk Kim Davis, who has made headlines and been embroiled in legal battles since she refused to sign marriage licenses for gay couples.
While Davis has been fighting against gay marriage since it was made legal, her lawyers have been doing it for longer. Davis is being represented by Liberty Counsel, a far-right Christian legal group and Southern Poverty Law Center-designated anti-LGBTQ hate group.
Since its inception in 1989, the group has opposed gay rights causes, including fighting against gay marriage, the legalization of homosexuality, and bans onconversion therapy. In one instance, the group’s Facebook cover photoreferenced the Bible verse Leviticus 20:13, which reads, “If a man has sexual relations with a man as one does with a woman, both of them have done what is detestable. They are to be put to death; their blood will be on their own heads.”
When asked about the cover photo, the group responded in an email that “Liberty Counsel has never promoted or condoned the killing of anyone or asked anyone to ‘like’ any quote about killing gays.”
Experts say Liberty Counsel is arguably more powerful than ever in 2025, fueled by publicity from Davis’ case and the opportunity to capitalize on a moment when American politics are stacked toward the right-wing—something that could upend gay marriage.
“The alignments will never be as favorable as they are at this moment,” Anne Nelson, author of “Shadow Network: Media, Money, and the Secret Hub of the Radical Right,” told Uncloseted Media. “That’s why they’re going for broke.”
History
Liberty Counsel was founded by preacher turned lawyer Mat Staver and his wife, Anita.
Mat Staver, who now serves as the chairman, senior pastor, and primary spokesperson for the group, authored the 2004 book “Same-sex Marriage: Putting Every Household at Risk,” where he wrote that “homosexuality is rooted in fractured emotions” and “a common thread in virtually every case is some sort of sexual or emotional brokenness.”
While the organization started operations solely in Florida, Mat Staver told the Orlando Sentinel shortly after Liberty Counsel launched that the group “would be a Christian antithesis to the ACLU” and that he “always felt the Lord calling [him] to combine [ministry and law] together.”
Liberty Counsel was active throughout the 1990s, with a focus on First Amendment cases, but Staver and his group didn’t gain national attention until 1994, when he argued before the Supreme Court for a case that challenged the constitutionality of a Florida court ruling that barred anti-abortion protests outside of a clinic. Some parts of the ruling were successfully overturned while others remained in place.
After that, the group built up a reputation for taking up cases related to religion in schools and other public institutions, including one instance where they threatened a lawsuit against one school for changing the lyrics of a Christmas song in a school play.
Attacking Gay Rights
After the turn of the century, Liberty Counsel became more active on gay issues. In 2003, they filed an amicus brief in Lawrence v. Texas, the case that decriminalized gay sex nationwide, arguing in favor of state laws banning it by saying that “deregulating human sexual relations will erode the institution of marriage.”
When California was taken to court over Proposition 8, a 2008 state constitutional amendment that sought to ban gay marriage in the state, Liberty Counsel attempted to be among the lawyers defending it. The group publicly criticized fellow far-right Christian legal group Alliance Defending Freedom for, in their view, arguing the case poorly.
One lawyer for Liberty Counsel also disagreed with legal positions taken by one pro-Prop 8 lawyer, who reportedly refused to argue that homosexuality is an “illness or disorder.” In their amicus brief in support of the proposition, Liberty Counsel argued that homosexuality “presents serious physical, emotional, mental, and other health-related risks.”
And in 2015, just months before the Obergefell ruling, the group offered to represent Alabama judges who refused to perform gay marriages after a state ban was overturned.
Once gay marriage became legal nationwide, Liberty Counsel took up Kim Davis’ case, which brought them more media attention than ever before.
“Kim Davis was a boon to Liberty Counsel,” says Peter Montgomery, research director at People for the American Way, an advocacy group aimed at challenging the far right. “[She] got them a huge amount of publicity, and I think they’ve really grown since they first took up her case.”
Much of the earned media from the Davis case, however, was negative. Liberty Counsel received criticism for encouraging Davis to continue refusing gay marriage licenses in violation of a court order. And even a Fox News panel of legal experts called Davis a “hypocrite” and Mat Staver’s legal arguments “stunningly obtuse” and “ridiculously stupid.”
In an email to Uncloseted Media, Liberty Counsel took issue with criticism of the group’s past litigation, writing that “[they] have 40 wins [they] briefed or argued at the US Supreme Court, including a 9-0 win in Shurtleff v. City of Boston.”
Liberty Counsel has created their own media, including a daily 11-minute radio broadcast, Faith and Freedom. Launched in 2010, the program is syndicated on 145 stations across the country and frequently contains anti-LGBTQ rhetoric, including assertions that LGBTQ-inclusive policies in the Boy Scouts create “a playground for pedophiles”; that gay people “know intuitively that what they are doing is immoral, unnatural, and self-destructive”; and that gay people are “not controlled by reason,” but rather “controlled by … lust.”
And after being boosted in popularity by Kim Davis, a 2016 CBS News investigation found that the group had worked with lawmakers in at least 20 states to author anti-LBGTQ bills, including trans bathroom bans.
“They’re pretty much anti-LGBT in every way you can be,” Montgomery told Uncloseted Media. “Staver is pretty shameless in lying about gay people and the laws.”
Why Now?
Davis’ case has fallen in and out of public attention over the years, with the Supreme Court rejecting a previous petition in 2020. Despite this, Liberty Counsel has remained confident in the case’s potential to upend gay marriage. In 2023, the group told their supporters in an email that they planned to use Davis’ case to persuade the Supreme Court to overturn Obergefell. These comments came a year after Supreme Court Justice Clarence Thomas expressed interest in reconsidering Obergefell in his opinion on the case that overturned Roe v. Wade.
“[The far right have] been working for decades to get their pieces in place, so at this particular moment, looking at the chessboard, they’ve got a critical mass of conservative states with Republicans in the state house, they’ve got the White House, they’ve got both houses of Congress, and they’ve got a majority on the Supreme Court,” says Nelson. “In a year, that could change.”
Increasing Notoriety
Montgomery says that Liberty Counsel’s popularity and influence has been on the rise since the start of the pandemic, when the group gained traction by opposing restrictions on churches meeting during COVID lockdowns. During this period, Staver claimed that COVID-19 vaccines are designed to “prevent people from procreating.”
“One of the ways that [Staver] has boosted his visibility and influence was riding that parade, which a number of people on the religious right did, and took advantage of the resentment of public health restrictions,” says Montgomery.
Since then, the group has falsely claimed that the Respect for Marriage Act “would allow pedophiles to marry children,” and Staver wrote in a newsletter that “the LGBTQ agenda seeks nothing less than to eliminate all religious freedom rights that might make them feel bad about their choices.”
In the meantime, affiliates of the group have been cozying up to the Supreme Court. In 2022, a representative of the Liberty Counsel-owned D.C. ministry Faith & Liberty was caught bragging about praying with Supreme Court justices just weeks after the court overturned Roe v. Wade. Staver told Rolling Stone these allegations are “entirely untrue.”
In his majority opinion on the case, Justice Alito cited an amicus brief filed by Liberty Counsel where the group argues that “the birth control and abortion movements are racist and eugenic.”
Part of a Bigger Picture
Liberty Counsel’s website reports that it generated nearly $28 million in revenue between July 1, 2023 and June 30, 2024. While their internal team has roughly 40 employees listed on LinkedIn, they have claimed to have anywhere from 90 to 700 affiliate attorneys across the country. Some of the group’s larger and more consistent donors reportedly include fracking baron Farris Wilks; the Christian TV network Good Life Broadcasting; and Liberty University, where Staver previously worked as dean of the law school.
“The big Christian nationalist and plutocratic donors understand that the Supreme Court, and the judiciary in general, are central to their aims … so over the past few decades they spent enormous sums grooming and promoting candidates for the judiciary whose interpretation of the law is favorable to their interests,” Katherine Stewart, an author and expert on religious nationalism, told Uncloseted Media in an email. “Liberty Counsel has successfully positioned itself as one of the players in that space. It only picks up a slice from the total pie, but the pie is so well-funded that even a slice is rich indeed.”
Beyond this, Liberty Counsel is affiliated with a number of other right-wing groups, several of which operate directly under the group’s umbrella. Staver holds leadership positions in other conservative groups, including Salt & Light Council and National Hispanic Christian Leadership Conference—the former of which has been outspokenly anti-LGBTQ. Liberty Counsel is also a member of the Remnant Alliance, a coalition of groups known for coordinating to elect Christian nationalist candidates to local school boards. A leaked membership directory from 2020 also listed Staver as a member of the Council for National Policy, a secretive group that includes Republican politicians and major leaders of Christian right organizations, though Staver told Uncloseted Media that Liberty Counsel and the Council for National Policy are not affiliated.
Nelson says connections like these allow different groups on the far right to coordinate together on anti-LGBTQ policies.
“They’ll have coordinated messaging about whatever campaign they’re launching at the moment. And it’s highly coordinated, as in the same story, the same language, the same spokespeople. It’s really quite impressive. And so all of a sudden there’ll be a story that will just erupt.”
The Council for National Policy did not respond to a request for comment.
When Liberty Counsel filed its most recent petition for Davis’ case to the Supreme Court, multiple right-wing media outlets whose leadership have been members of the Council for National Policy quickly covered the story with a favorable spin, including Salem Media Group, the WashingtonTimes and WorldNetDaily. And earlier this year, Staver networked at the National Religious Broadcasters conference, where he discussed plans to overturn Obergefell.
Montgomery says that this coordination is especially powerful because different groups are able to influence different spheres. For example, while Liberty Counsel pressures the courts, a group like Salt & Light Council works to activate supporters in ministry.
“They have this broader vision of wanting to change the culture and change the country,” he says. “They are all different approaches to moving the country in the direction they want: courts, legislative advocacy, lobbying, organizing, and media outreach.”
Nelson says the far right’s recent legal success is thanks in part to the influx of right-wing judges since the start of Trump’s first term.
“It’s worked initially with trying to get local and political opposition to these laws, and it’s linked to getting the appointments of judges who’ve had to pass a litmus test,” she says. “And then [their strategy involves] mounting the lawsuits, starting usually at the state level and working their way up the court system, specializing in states where they believe they’ll have sympathetic judges. … It’s gaming [the system].”
In an email to Uncloseted Media, Liberty Counsel says this characterization does not describe their litigation strategy.
What Does This Mean for Marriage Equality?
Despite all of this, many legal experts believe that this latest challenge to marriage equality is a long shot. Liberty Counsel’s arguments were largely rejected by a federal appeals court panel earlier this year, and several of the justices have shown little to no interest in revisiting Obergefell. Just this month, conservative Justice Amy Coney Barrett wrote that the right to marriage is “fundamental” and called for people to “tune … out” concerns about gay marriage being overturned.
However, given the current political moment, Nelson says that the threat to Obergefell should not be underestimated.
“This long-range strategy is coming to fruition, and a lot of the pieces are in place,” she says. “Under the current circumstances, with the current judiciary, they’ve got a reasonable chance of allowing states to ban same-sex marriages on a state level with an eye towards eventually banning it [on a nationwide level] in the future.”
A church leader in Indianapolis is doubling down on a sermon delivered at the Sure Foundation Baptist Church in the state’s capital city last week that called on gay people to “blow yourself in the back of the head,” among other incendiary statements.
Church leader Justin Zhong endorsed the remarks delivered by lay pastor Stephen Falco during a Men’s Preaching Night service on June 29, including his assertion that, “There’s nothing good to be proud about being a f*g. You ought to blow yourself in the head in the back of the head. You’re so disgusting.”
The church posted the sermon to YouTube, and it was widely denounced by members of the LGBTQ+ community and allies who called the hate-filled screed “theologically irresponsible” and “pastorally dangerous.”
YouTube has since removed the video for violating its terms of service. A portion of the sermon was reposted by radio station 93 WIBC Indianapolis.
“Why do I hate sodomites, why do I hate f*gs? Because they attack children, they’re coming after your children, they are attacking them in schools today, and not only schools in public places, and they’re proud about it!” Falco said during the Pride month sermon titled “Pray the gay away.”
Another man identified in the same video as “Brother Wayne” followed Falco at the pulpit with a sermon he called “Worthy of Being Beaten,” according to the Indianapolis Star. He blamed society’s moral decline on a lack of discipline and physical punishment, calling beatings a deterrent that have been lost in American culture, while aiming his harshest rhetoric at immigrants and the LGBTQ+ community.
“I don’t even understand why we’re deporting these illegal criminals who are murderers, who are doing drug trafficking, sex trafficking, human trafficking. They’re putting them on a plane, and they’re sending them over to a prison in another country,” he said. “I say we put them to death right here. I say we beat them right here.”
Brother Wayne said of gay people, “I think they should be put to death. You know what, I’ll go further. I think they should be beaten in public first for all their sick and demented, just [slur] and the things they’re doing to our schools, to our government, to our institutions, to our churches. These people should be beaten and stomped in the mud, and then they should take a gun and blow the back of their heads off.”
While not officially associated with the notorious New Independent Fundamental Baptist Church, which has long espoused the death penalty for gay people, Sure Foundation Baptist Church says their pastor, Aaron Thompson, is a new IFB church member from Vancouver, Washington.
Both churches are “KJV only”, referring to their literal interpretation of the gospel from the King James Bible.
“The Bible is crystal clear that sodomites – homosexuals – deserve the death penalty carried out by a government that actually cares about the law of God,” said church leader Zhong in Falco’s defense.
“I will not apologize for preaching the Word of God. I will not apologize for stating facts. I will not negotiate with terrorists, among whom the LGBTHIV crowd is full of domestic terrorists,” Zhong said, before citing multiple verses from the Bible to make his church’s case on Facebook.
A sermon by Falco in March even directed ire at Donald Trump for appearing religious to secure political support while having a life of pride, perversion, blasphemy, and mockery of Jesus Christ.
He cited Trump’s declaration that he would date his own daughter if they weren’t related.
“Unless Donald Trump gets saved, which I hope he does … God will judge him for it and he will go to hell.”
In his June sermon, Falco also wished death on former President Joe Biden, whom he described as “a wicked reprobate.”
“I have prayed for the death of former President Biden many times,” he boasted.
But Falco’s most outlandish and threatening rhetoric was reserved for the LGBTQ+ community, which he shouted down as “evil” and “disgusting”.
Allies and activists rallied in the community’s defense, including an association of Black churches and activists.
“Such messages are not only theologically irresponsible but pastorally dangerous,” faith-based civil rights group Concerned Clergy of Indianapolis said in a statement. “The pulpit must never be used as a weapon to dehumanize, isolate, or incite fear.”
Equality Indiana called Falco’s sermon inflammatory and extremist, saying it could inspire violence against the community.
Nine years after similar legislation ignited a firestorm of protest from business and civic leaders in Georgia, state Gov. Brian Kemp (R) recently signed a new bill aimed at protecting “religious freedom.”
Modeled on the federal Religious Freedom Restoration Act (RFRA) of 1993, the bill’s sponsors say it will prevent government agents from impeding individuals’ religious rights and enforcing laws that conflict with religious expression. The Republican-led state House approved the bill in a 96-70 vote.
In previous years, state legislators failed to pass a so-called RFRA amid fierce opposition. Like those versions, the current bill is framed as an expansion and protection of religious rights.
Critics say just like earlier versions, the new bill will be used to deny the civil rights of LGBTQ+ people and other minorities. They also worry the RFRA will be cited as a basis for passing anti-LGBTQ+ laws, further restricting reproductive rights, allowing business owners to discriminate at their own discretion, and controlling educational materials in schools.
Opponents of the RFRA include state House Rep. Ruwa Romman (D), who believes that without an underlying civil rights law explicitly prohibiting discrimination, the bill will give people a license to discriminate against people or lifestyles they don’t like. Georgia doesn’t have comprehensive state civil rights protections.
“Because at the end of the day, those who will bear the brunt of this are not those in the majority. It’ll be us, people in the religious minority,” said Romman, who spoke of her own Christian faith while denouncing the bill.
Gov. Kemp disagreed with Romman’s take, telling reporters, “I don’t buy that. I don’t think we’ve seen that in other states, and I think our record speaks for ourselves here in Georgia.”
Georgia still remains a state where there is no place for hate, and I can assure all Georgians of that today,” he said at the RFRA’s Friday signing ceremony. At least 29 states have similar “religious freedom” laws.
The bill recalls highly contested legislation that former Gov. Nathan Deal (R) vetoed in 2016 amid widespread protests and concerns from Georgia’s business community that it would hurt their ability to attract employees and tourists. The Metro Atlanta Chamber once again expressed opposition to the new religious freedom legislation.
The bill’s sponsor Sen. Ed Setzler (R) said the new bill, designed in part by Gov. Kemp’s staff, is less extreme than the 2016 version.
Pro-business lawmakers took pains to distinguish this year’s bill from previous efforts, saying the new law would not override local civil rights protections in place in several Georgia municipalities.
“Every Georgian should be free to exercise their faith without unfair federal, state and local government intrusion,” Setzler said at a news conference last week. He said the bill “protects ordinary people from unfair state and local government intrusion.”
“This is not a license of private citizens to discriminate against private citizens,” said Republican Rep. Tyler Paul Smith, who presented the bill in the House. “This prohibits the government from burning religious exercise in our state.”
Republican state Rep. Deborah Silcox failed in her effort to add an anti-discrimination clause to the bill before it passed the House on Wednesday. She was one of two House Republicans to vote against it.
Examples of “unfair state and local government intrusion” were absent, however, in testimony about the legislation.
Pressed during a House Judiciary committee meeting, Setzler couldn’t name a case where someone’s religious liberties were violated in a way that would require the bill’s protections.
“We are swatting at imaginary flies, and I’m sick of it,” Atlanta state Rep. Stacey Evans (D) said last Wednesday after the state House vote approving the bill.
Ten years ago, Utah passed a landmark pair of bills that combined religious freedom protections with LGBTQ nondiscrimination protections.
Five years ago, many of the people behind what became known as the Utah Compromise spoke to me about why their balanced approach to religion and LGBTQ rights hadn’t yet caught on nationwide.
Last week, I checked in again with one of the key players to hear about where things stand today and whether she’s still hopeful that Utah’s “fairness for all” approach will spread to other states.
Robin Fretwell Wilson, a professor of law at the University of Illinois College of Law, told me that Utah remains united behind the Utah Compromise and has passed several more carefully constructed religion-related policies in recent years on topics like adoption and conversion therapy.
But she added that today, just like five years ago, it’s rare to find a lawmaker outside the Beehive State who is willing to plant their flag in the middle ground between opposing groups and champion balanced solutions to contentious conflicts.
“Right now, we’re mining a streak of meanness,” Wilson said. “Fairness for all doesn’t feel like it’s in the air.”
From 2015 to 2020, Wilson and other stakeholders met with policymakers from 10 to 15 other states about the fairness for all approach to lawmaking.
That list hasn’t grown over the past five years, and the federal Fairness for All Act from 2019, which drew inspiration from the Utah Compromise, hasn’t advanced in Washington.
However, the act’s supporters did score a big win in December 2022 when federal lawmakers passed the Respect for Marriage Act, which strengthened legal protections for married same-sex and interracial couples while affirming religious freedom rights.
The Respect for Marriage Act built on aspects of the Fairness for All Act and Utah Compromise, and it likely wouldn’t have passed if work hadn’t been done in the years preceding its introduction to educate lawmakers about the value of balancing religious freedom and gay rights, Wilson said.
But although it was significant, it feels like a missed opportunity to Wilson and others.
That’s because, instead of holding it up as an example of what’s possible when religious liberty advocates and LGBTQ rights advocates work together, the Biden administration chose to put the spotlight on the importance of protecting gay marriage.
“You can’t be doing something that marries up the interest of gay folks and religious folks on that scale and forget to say anything about the religious folks,” said Wilson, who was at the White House ceremony for the law.
Even before that event, Wilson placed her hope in state rather than federal policymakers because she’s long believed they’re better-positioned to find balance.
Today, as in 2020, as in 2015, she believes that states like Utah will lead the way to a world in which people of faith and LGBTQ individuals — and LGBTQ individuals who are people of faith — can live authentically in public and private without fear of retribution.
“I’ve never really placed my hopes in Congress. I’ve always placed my hope in state legislators,” Wilson said. “I’m hopeful because I’ve seen fairness for all become a script for Utah.”
Christopher Cole and his husband, longtime residents of the predominantly Republican and predominantly white town of Watertown, Connecticut, received a racist and homophobic letter last Friday afternoon. The letter, referencing their Democratic yard signs and the rainbow flag displayed in their front yard, was typed and anonymous. Later that same night, a group of men trespassed onto their property, stealing both the signs and the flag.
Although police say the perpetrators may never be caught, Cole—a vocal community activist—told LGBTQ Nation that he refuses to be intimidated. He and his husband have already replaced the stolen items and have been met with overwhelming support from the community, local news outlets, and even their congresswoman.
The letter, signed by someone identifying as “Americans that care,” specifically targeted the yard signs supporting the Democratic presidential ticket, Vice President Kamala Harris and Minnesota Gov. Tim Walz, as well as Black Congressional candidate Jahana Hayes. The entire hateful incident was caught on camera.
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Vandals cowardly defaced a queer family’s Pride flag by urinating on it before fleeing the scene. The entire disturbing act was captured on camera.
The letter sent to Christopher Cole and his husband, signed by someone calling themselves “Americans that care,” specifically mentioned the Democratic yard signs they had displayed in support of Vice President Kamala Harris, Minnesota Gov. Tim Walz, and Black Congressional candidate Jahana Hayes.
“If you knew how goddamn foolish your rah-rah for Karmonkey and Tennessee Waltz look on your house, you’d take it down along with your Nobodywana Hayes sign and especially the Prideless flag on your front door you could use for toilet paper,” the letter said. “All I can think of you is you must be a Dumbocrat. So I feel sorry for you.”
Around 10:38 p.m., roughly seven hours after receiving a hateful letter, Christopher Cole’s security camera captured footage of a white individual wearing a dark hoodie and facemask vandalizing the rainbow flag that had flown from his home for the past 14 years. The person tore the flag down and fled, while the camera’s audio picked up the sound of him and other men shouting indistinctly.
Cole and his husband were awake in their home at the time but didn’t realize what had occurred until the following morning when Cole’s husband let their dog outside and discovered the missing flag and signs.
Cole shared images of the letter and video footage of the vandal on his Facebook page. By the next evening, he had replaced the stolen signs and flag, posting images of the new ones alongside a Bible verse from Matthew 5:39: “But I say to you: Do not resist an evildoer. But if anyone strikes you on the right cheek, turn the other also.”
“Even though we’re in Connecticut, this is a very red town, and there are Trump signs everywhere,” Cole told LGBTQ Nation. He noted that the flag had been flying for 14 years, though it had often attracted hostile reactions. People driving by would shout, “Are you f**king kidding me?” or “What the hell is wrong with you?” On one occasion, a truck driver revved its engine and spun its wheels near their yard, filling it with smoke, and during that incident, someone stole three of their signs.
Despite such incidents, Cole had dismissed these individuals as “immature, crazy people.” However, he found the racist, homophobic, and misogynistic language in the letter “really concerning.”
“It’s one thing to yell obscenities from the street, but to come onto someone’s property, rip down something that represents them, and steal their political signs is crossing a line. We felt violated, unsafe, and intimidated, so we called the police.”
Cole provided the authorities with the letter and security footage, but officers informed him that without further evidence, identifying the perpetrator would be difficult. Watertown Police Chief Joshua Bernegger told local news station WTNH that, “There’s no indication within the letter that it was motivated by hate or against any protected class of individual,” despite the clear threats.
In a statement, the Watertown Police Department emphasized, “We take this crime very seriously. No citizen should be subject to fear and intimidation tactics based on their political affiliation.”
Cole shared that, for the most part, the rainbow flag has inspired positive responses, including a crayon drawing from a six-year-old depicting Cole and his husband with the flag, and an eight-page letter from a 15-year-old high school student who wrote that seeing the flag every day gave her the courage to come out. Over the years, he has seen other rainbow flags appear in his neighborhood, inspired by his own.
In the wake of the vandalism, Cole and his husband were moved by the support from their community. Neighbors brought over replacement signs and banners, and their next-door neighbor even put up a larger Pride flag than the one that was torn down. Four news stations covered the incident, and Cole and his husband replaced the stolen signs with even bigger ones.
On Sunday morning, as news of the vandalism spread, Congresswoman Jahana Hayes, whose campaign sign had been in Cole’s yard, called him directly at 8:45 a.m. She expressed her support for Cole and his husband and apologized that their backing of her campaign had resulted in their home being targeted.
She joined Cole and his husband at their local church that morning, offering her admiration for their courage and refusal to be intimidated. Cole is active in the United Church of Christ, a progressive Christian church, where he has helped make the congregation more inclusive of LGBTQ+ people. The process was contentious, with some members leaving and others posting hateful comments on social media.
Cole also serves as the executive director of APNH (A Place to Nourish Your Health), an LGBTQ+-inclusive community health center in nearby New Haven that supports people affected by HIV, substance use, and mental health conditions. Having experienced severe bullying as a child, Cole refuses to back down now in the face of harassment.
“Especially in a very conservative town, I am committed to being an activist and speaking out. It makes a bigger impact here than in places like West Hollywood or the Upper West Side of Manhattan, where there are thousands of Pride flags. It’s a different story when you’re the only one flying a flag in a place like this, and the only church that does that.”
“I’m committed to not being silenced, to standing strong and shining light where there is darkness. In this political climate, where some think it’s okay to intimidate and spread hate, I won’t shrink back—and no one else should either.”
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