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Charles J. Russo, Joseph Panzer Chair in Education in the School of Education and Health Sciences and Research Professor of Law, University of Dayton

Religious freedom and LGBTQ rights are clashing in schools and on campuses – and courts are deciding

People walk by the campus of Yeshiva University in New York City. Spencer Platt/Getty Images

Disputes over religious freedom and LGBTQ rights in the United States have led to some of the most high-profile judicial controversies – and 2022 is no exception. For example, the Supreme Court will hear arguments Dec. 5, 2022, about whether a designer can refuse to create wedding websites for same-sex couples; a ruling is likely in late June 2023.

Lately, many of these controversies have begun in educational settings, both in K-12 schools and on college campuses. As a professor of education law who often writes about First Amendment issues in schools, I see these cases, which are trying to balance tensions between fundamental rights, as potentially shaping new precedents.

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