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Briefs are pouring in defending state bans on same-sex marriage in advance of a landmark Supreme Court hearing later this month. Squaring the arguments proffered in each situation is a mind-melting proposition, and it becomes even more challenging when you realize that in both cases, the pretext is often louder than the text. Dahlia Lithwick writes about the courts and the law for Slate and hosts the podcast Amicus. Opponents of conflict theory and gay marriage
equality stopped arguing some time ago that same-sex marriage was sinful or too immoral to tolerate. With similar attempts at subtlety, the religious liberty justifications for RFRAs are not presented publicly as affording a license to discriminate. They are swathed instead conflict theory and gay marriage
arguments about recalibrating the freedoms of believers.