(WSJ) David Skeel–The Next Religious Liberty Case

Mr. [ D. Michael ] Lindsay and Gordon College are unlikely magnets for the attention. A highly respected sociologist who made his reputation studying America’s business and cultural leaders and running an institute at Rice University, Mr. Lindsay likely travels in some of the same circles as the president himself. In his three years as Gordon’s president, Mr. Lindsay has steered clear of hot-button issues.

“In general practice,” he wrote on Gordon’s website after the controversy erupted, “Gordon tries to stay out of politically charged issues, and I sincerely regret that . . . Gordon has been put into the spotlight in this way. My sole intention in signing this letter was to affirm the College’s support of the underlying issue of religious liberty.”

An executive order that did not include a religious exemption might be upheld by the courts, since the government has broad powers when it comes to spending. But it would be a sharp break from political precedent. In 2002 President Bush signed an executive order decreeing that faith-based organizations be permitted to “participate fully in the social service programs supported with Federal financial assistance without impairing their independence, autonomy, expression, or religious character.” The Employment Non-Discrimination Act itself, as passed in the Senate before stalling in the House, also included an explicit exemption for religion.

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