At oral argument in the Obergefell same-sex marriage case, there was the following colloquy:
Justice Samuel Alito: Well, in the Bob Jones case, the Court held that a college was not entitled to taxexempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same sex marriage?
Soliticitor General Verrilli: You know, I , I don’t think I can answer that question without knowing more specifics, but it’s certainly going to be an issue. I don’t deny that. I don’t deny that, Justice Alito. It is it is going to be an issue.
With the mainstream media busy celebrating the Supreme Court’s ultimate recognition of a right to same-sex marriage, this didn’t get that much attention in mainstream news outlets. But in the course of researching my book, “Lawless,” I noticed that Solicitor General Donald B. Verrilli Jr.’s answer was big news in both the conservative blogosphere and in publications catering to religiously traditionalist audiences. The idea that Regent University or Brigham Young University or the local Catholic university or the many hundreds of other religious schools — and potentially other religious organizations — could be put at a severe competitive disadvantage if they refused on theological grounds to extend the same recognition to same-sex couples as to opposite-sex couples struck many as a direct and serious assault on religious liberty.
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