In his majority opinion in Obergefell v. Hodges, the decision in which the Court created a constitutional right to same sex marriage, Justice Kennedy reassured those who believe in traditional marriage that their beliefs would continue to be respected and protected. “Many who deem same-sex marriage to be wrong,” said Justice Kennedy, “reach that conclusion based on decent and honorable religious or philosophical premises, and neither they nor their beliefs are disparaged here.” In even further reassuring dictum, Justice Kennedy continued: “The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.”
Keep this statement of tolerance in mind when reading cases such as Masterpiece and Fulton.
How would a principle of mutual tolerance for competing views about the nature of marriage decide cases such as these?
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