Just a legal pondering from someone who is not a legal scholar. Sharing because others might find it interesting.

I was just reading a little bit about The Scopes Monkey Trial, which I haven't looked at since high school and I really wonder if it can be used to advance gay rights and freedom from religion in general. Specifically this statement from the decision from Chief Justice Grafton Green:

“Examination of these contributions indicates that Protestants, Catholics, and Jews are divided among themselves in their beliefs, and that there is no unanimity among the members of any religious establishment as to this subject. Belief or unbelief in the theory of evolution is no more a characteristic of any religious establishment or mode of worship than is belief or unbelief in the wisdom of the prohibition laws. It would appear that members of the same churches quite generally disagree as to these things.”

If the court has the precedent that a religious belief that divides members of a faith cannot be held as a characteristic of a religious establishment and there are “Protestants, Catholics, and Jews” that support gay marriage, cannot that be an attack against the BS that is “Religious Freedom Restoration Act” and the cascade of BS that comes from it.