VIEW VIEWPOINT

Freedom to Advocate

Written by Kerby Anderson July 6 - 2015
Words mean something, especially in a landmark court case dealing with the legalization of same sex marriage. Justice Anthony Kennedy writing for the majority of the Supreme Court acknowledged that: “religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same sex marriage should not be condoned.” In his opinion, he pointed to the First Amendment that “ensures that religious organizations and persons” be “given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.” But the opinion really never talks about the “free exercise” of religion or even the “establishment” of a state religion. In his dissent, Justice Clarence Thomas seemed disturbed by the way Justice Kennedy framed the issues. “The majority appears unmoved by that inevitability. It makes only a weak gesture toward religious liberty in a single paragraph.” He goes on the says, “even that gesture indicates a misunderstanding of religious liberty in our Nation’s tradition. Religious liberty is about more than just the protection for religious organizations and persons . . . as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.” Justice John Roberts focused on the words that were used and the word that wasn’t used. “The majority graciously suggested that religious believers may continue to advocate and teach their views of marriage. The First Amendment guarantees, however, the freedom to exercise religion. Ominously, that is not a word the majority uses.” (emphasis added) I believe the way Justice Kennedy framed his majority opinion should be a concern. One guest on my program suggested this section of the opinion might just be poorly worded. That may be true, but I doubt it. This majority opinion seems to be saying you can advocate for traditional marriage but you can’t exercise your religion based on that belief. Viewpoints by Kerby Anderson

Listen to this Viewpoint

Viewpoints

View All
1792436339 6ad668737c9c3
October 20, 2026
Kerby Anderson

Lynching

Wilfred Reilly has spent years exposing false narratives about racism and racist actions. In his latest article, he explains “What Happens When the Demand for Racism Exceeds Supply?". He makes the sam...

Listen
1792389289 6ad5b0a95f457
October 19, 2026
Kerby Anderson

Lack of Affordability

The 2026 election was about many issues, but a significant one was the lack of affordability. Unfortunately, few politicians want to admit that the real reason is the declining value of the dollar. Po...

Listen
1792042831 6ad0674fdc19c
October 16, 2026
Penna Dexter

Place For Prayer

Some people might wonder why we need a law that protects the right of houses of worship to use their facilities for religious purposes. But we do. And we have one: RLUIPA, the Religious Land Use and I...

Listen

Take Action

View All
Protect Privacy Against Flock Cameras
August 9, 2026

Protect Privacy Against Flock Cameras

Flock cameras are everywhere. While one camera is a tool, the more than 100,000 AI-powered cameras now posted around our nation are a new layer of dig...

Support the SAVE Act
July 20, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.