By: Karen Taliaferro
Smuggled beneath the rancor over the recent Obergefell decision is an entirely distinct, yet more profound, disagreement that has little to do with whether gay couples have a legal right to marry. It is a disagreement over what law is: whether it is something that is merely human or whether it answers to something higher than human beings. Our current popular understanding of liberalism, including human rights and the rule of law, assumes that law is ultimately human fiat; that is, law is what the legislatures craft and the courts interpret. But this is a relatively recent notion in social and political history, and I argue that it is a misguided one, especially when we consider the implications for the freedom of conscience and religion.