We were originally asked to address the report on religious liberty from the United States Commission on Civil Rights. (1) That report was rendered obsolete by the 2016 election, except in the sense that about half the country probably agrees with it.

The Civil Rights Commission is an advisory body. (2) The Commission delivered its report to an administration that would have agreed with some of it. But the Obama Administration certainly would not have agreed with the tone. President obama was much better on religious liberty than conservatives give him credit for. (3)

The Trump Administration is very different, and it remains unpredictable. Religious liberty is looking better in some ways for conservative Christians. It's looking worse for Muslims, but apart from the various versions of the travel ban, (4) it is so far not as catastrophically worse as I had feared. Religious liberty may be less protected for liberal Christians and all other non-Christians; they are not the religions this Administration cares about. The Attorney General has issued memoranda that promise to enforce all existing protections for religious liberty and appear to make that promise even handedly for all faiths. (5) Perhaps the Administration's enforcement priorities will also be even handed; time will tell.

Douglas Laycock, The Wedding-Vendor Cases, 41 Harvard Journal of Law & Public Policy, 49–66 (2018).
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