Religious burdens


A few days ago, Rod Dreher lamented the costs imposed by same-sex marriage (really gay rights altogether) on the scruples of those who have religious objections to SSM and gay rights. And he’s right, there are costs. The irony is that the Supreme Court’s 1990 Smith decision, written by social conservative Antonin Scalia, deprives these social conservatives of constitutional remedy. The courts can no longer hear Free Exercise claims where the laws are neutral and of general applicability–e.g. laws mandating non-discrimination in employment and housing. So where are the conservative calls for overturning Smith?