Stay tuned: Ceasefire in battles between LGBTQ rights and religious liberty?

No doubt about it, someone will have to negotiate a ceasefire someday between the Sexual Revolution and traditional religious believers, said Justice Anthony Kennedy, just before he left the U.S. Supreme Court.

America now recognizes that "gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth," he wrote, in the 2018 Masterpiece Cakeshop decision. "The laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression."

Kennedy then punted, adding: "The outcome of cases like this in other circumstances must await further elaboration in the courts."

The high court addressed one set of those circumstance this week in its 6-3 ruling (.pdf here) that employers who fire LGBTQ workers violate Title VII of the Civil Rights Act, which banned discrimination based on race, color, religion, sex or national origin.

Once again, the court said religious liberty questions will have to wait. Thus, the First Amendment's declaration that government "shall make no law … prohibiting the free exercise of religion" remains one of the most volatile flashpoints in American life, law and politics.

Writing for the majority, Justice Neil Gorsuch -- President Donald Trump's first high-court nominee -- expressed concern for "preserving the promise of the free exercise of religion enshrined in our Constitution." He noted that the Religious Freedom Restoration Act of 1993 "operates as a kind of super statute, displacing the normal operation of other federal laws." Also, a 1972 amendment to Title VII added a strong religious employer exemption that allows faith groups to build institutions that defend their doctrines and traditions.

Nevertheless, wrote Gorsuch, how these various legal "doctrines protecting religious liberty interact with Title VII are questions for future cases too."

In a minority opinion, Justice Samuel Alito predicted fights may continue over the right of religious schools to hire staff that affirm the doctrines that define these institutions -- even after the court's 9-0 ruling backing "ministerial exemptions" in the Hosanna-Tabor Evangelical Lutheran Church and School case in 2012.

It’s no surprise that mainstream news reports about the U.S. Supreme Court’s 6-3 ruling on LGBTQ rights for secular workers included a strong note of celebration. To the victors go the spoils and this was a big win for the cultural left and, one can only assume, the new middle America — as defined by the Harvard and Yale law schools.

The unanswered question hanging over all of this was, of course, the same one that haunted the majority opinion written by Donald Trump’s first choice for the high court. That would be: What happens to the bigots — sexual orientation now equals race — in churches, synagogues, mosques, etc., who run schools and nonprofit organizations built on centuries of premodern doctrine? After all, it’s hard to tolerate religious believers who are intolerant.

It’s also important, of course, to ask whether grieving believers on the religious and cultural right will stay home during the 2020 elections since they can no longer say, “But the Supreme Court” when justifying votes for the Tweeter In Chief.

Expect waves of coverage of that in the days ahead, of course.

Political wars vs. religion news? No contest.

What matters the most, to readers in middle America, is how this story was covered by the Associated Press. In this case, AP stuck close to the political and legal angles of the decision, with little or no interpretation from activists on the left, the right or in the middle.

In other words, this was not a story in which First Amendment content was crucial. So there. The headline: “Supreme Court says gay, transgender workers protected by law.” Here’s the overture:

WASHINGTON (AP) — The Supreme Court ruled Monday that a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.
The court decided by a 6-3 vote that a key provision of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex, among other reasons, encompasses bias against people because of their sexual orientation or gender identity.