Protection from Discrimination, or the Right to Discriminate: Changing Public Perceptions of LGBTQ Rights and Religious Freedom

President Bill Clinton signed the Religious Freedom Restoration Act ( RFRA ) into law thirty years ago. It was passed with resounding bipartisan support in Congress and was meant to offer legal advice in light of a historic Supreme Court ruling from three years prior that some saw as potentially dangerous restrictions on the constitutionally protected right to religious expression. According to the RFRA, just laws that” compel government interest” you offend religious freedom.

In lawsuits involving religious liberty disputes over the past few decades, various spiritual traditions and spheres of cultural life have been involved. However, in recent years, the cases that have garnered media attention have focused on a consistent issue that the courts are dealing with: conservative Christian opposition to new laws that protect LGBT people’s rights.

When an evangelical cook or web designer declines to offer their services for a gay marriage, for example, or the Catholic adoption company rejects placing children in communities of same-sex people, judges have seen situations where religious freedom and the freedom from discrimination become competing passions. The Supreme Court has determined that the spiritual plaintiff has a legal right to refuse to work with same-sex people in all of the cases mentioned above, despite the fact that 28 says have outlawed discrimination based on sexual orientation or gender identity in public accommodations.

PRRI has polled a nationwide sample of Americans about their opinions on these issues since 2015, the year of the Supreme Court’s Obergefell v. Hodges decision affirming the right to same-sex relationship. A resounding majority of Americans ( 53 percent ) supported same-sex couples ‘ right to marriage in 2015. According to the results of the PRRI American Values Survey in 2023, two-thirds of Americans ( 66 % ) currently hold this opinion. Yet more Americans are in favor of protecting LGBT people from discrimination in housing, public apartments, and employment. In the 2023 outcomes, the proportion of Americans who shared this opinion was 71 percent, and it has been that proportion since 2015. Prior to 2023, the proportion of Americans who supported spiritual business owners who refused to serve gays and lesbians increased from 35 percentage in 2015 to 44 percent. In other words, countless Americans support a variety of LGBT justice initiatives while also supporting the rights of conservative Christians who oppose them more and more.

Political and religious associations have both influenced the course and intensity of these modifications. Democrats supported nondiscrimination regulations in 2015, and 66 % supported relationship justice. Democratic support for these policies rose to 86 % and 79 %, respectively, in 2023. Republicans ‘ support for marriage equality skyrocketed from 34 % in 2015 to 53 % in 2023. Republicans ‘ support for anti-discrimination legislation fell slightly from 61 % to 59 %. Nevertheless, all democratic ideas clearly support marriage fairness and equality protections for LGBT people in 2023.

When it comes to religion, there are more conflicting views on marriage. The legality of same-sex marriage was supported by 26 % of white evangelical Protestants in 2015, and by 36 % in 2023. Between 2015 and 2013, the majority of all different non-affiliated and religious Americans increased their help for relationship equality.

Safeguards against discrimination receive stronger and more continuous support from all religious groups. In both 2015 and 2023, nearly 60 % of white evangelical Protestants supported clauses privileges. Non-Christian Americans are the most liberal among religious American, with about 8 out of 10 supporting equality regulations in both 2015 and 2023. Support among unaffiliated Americans is substantially higher.

We observe that white Christians have noticeably increased their support for gay and lesbian business owners, shifting their focus to the right of spiritual masters who refuse to serve them. For instance, compared to 56 % in 2015, 73 % of white evangelical Protestants hold this opinion in 2023. Support for religious business owners withholding services increased from 37 % to 55 % for white mainline/non-evangelical Protestants during that time. It increased from 36 % to 46 % among white Catholics. Support for the right to refuse services among Christians of color and non-Christians increased as well, albeit less significantly, from 32 % and 25 % in 2015 to 38 % and 33 %, respectively, in 2023. These organizations ‘ low levels of support are probably a reflection of their relationship to and familiarity with the history of authorized bias in the United States. Support among Americans who are not religiously affiliated increased slightly ( from 25 % to 29 % ).

Republicans and politicians have grown more in favor of this type of religious exemption when it comes to social associations, whereas Democrats ‘ views have largely remained the same over time. As a result, there is now more aid among Americans for spiritual company owners who can refuse to serve gay and lesbian people alone or in pairs.

Anti-LGBT protesters have turned to the authorities to advance their agenda citing religious liberty claims as Americans have grown more sympathetic of LGBTQ justice in the twenty-first era. Public opinion has changed as a result of these situations moving through the legal system and attracting the attention of politicians and media. Over the past ten years, there has been a rise in assistance for both various Gay equality initiatives and one method of opposition.


Dr. Kelsy Burke D. is a member of the PRRI Public Fellows group for 2023–2024.