University of St. Thomas Law Professor Tom Berg was recently featured in an op-ed in The Hill about limitations of the court with regard to religious liberties.
From the story:
In his smart new book Religious Liberty in a Polarized Age, Thomas C. Berg, a professor at the University of St. Thomas School of Law, responds, accurately, that “so far no legislature has shown interest” in my idea, and LGBTQ rights groups probably “think the notices themselves would stigmatize.”
Instead, he proposes that courts should protect “small businesses that provide personal services directly to facilitate a wedding or marriage, where other providers are readily available.” He and several other scholars have proposed a “safe harbor” for businesses of five employees or less.
Berg understands, however, that “decisions applying a general religious-freedom standard could not set an exact numerical ceiling.” That’s why legislatures have a comparative advantage here.