The threat is not just to individuals but to religious institutions, and the latter are remarkably vulnerable.
In “The Decline—and Fall?—of Religious Freedom in America,” Bruce Abramson does an admirable job of presenting the historical and legal background of the current assault on religious liberty and, in particular, on the protections afforded by federal and state laws under the Religious Freedom Restoration Act (RFRA). His essay is especially poignant for its appeal to Abramson’s fellow Jews to rally to the aid of those (mainly, so far, my fellow Christians) caught in the crosshairs of an ideological movement on the march.
Given the essay’s compelling virtues, I only wish I shared Abramson’s faith in the enduring ability of the RFRA framework to withstand the forces arrayed against it. Although it has proved efficacious in protecting the free exercise of religion on the part of individual businessmen and women who dissent from today’s progressivist orthodoxies, the larger threat is not just personal but institutional, and it is accelerating.
Let’s take the most salient front, namely, gay marriage. At issue in the Obergefell decision handed down by the Supreme Court in June was not gay marriage as such; it was whether, in the name of non-discrimination and equal treatment under law, the state should confer the trappings, rights, and obligations of a millennia-old arrangement between men and women on couples who happened to be of the same sex. It was in these terms—that is, the terms of equality—that the gay-marriage movement had waged its campaign, and in those terms that it achieved its remarkable success.