Expressive Exclusion and Free Speech Sincerity: The Litigation Strategies of the Religious Right from Piggie Park to 303 Creative.

The Religious Right is now using a longstanding hybrid between the Free Speech and Free Exercise clause, one which elevates the importance of free expression when it arises from what is thinly alleged to be “sincere” religious belief, to create a constitutional right to exclude LGBTQ customers from the marketplace. The success of this activist movement has depended upon the political organization by the Religious Right against antidiscrimination laws, theological innovations by the Religious Right, particularly around the distinction between discrimination on the basis of “status” versus “message,” and the malleability of First Amendment doctrine.