That was the title of a lunchtime talk I gave today for law students here, organized by our OUTLAW* chapter, and also sponsored by the Labor & Employment Law society. There was a lot of talk about some themes from my book, as well as constitutional doctrine, the federal RFRA, state RFRAs, Kim Davis, Title VII, Hobby Lobby (basically following my discussion in this paper), and a few other things. But the main theme was that we are on the verge of a ton of litigation in which the new anti-discrimination norms against LGBT people, reflected in the gay marriage decision of the Supreme Court, as well as many state laws, are going to come up against claims of "religious liberty," the liberty in question being the liberty to discriminate on the basis of LGBT status. We no longer have that kind of litigation seeking religious exemptions from laws prohibiting race discrimination, and my expectation is that in a generation, norms against anti-LGBT discrimination will be sufficiently entrenched to make such litigation unviable in that context too. But until then, or until an authoritative resolution by higher courts, we are going to see lots of anti-gay bigotry seeking validation through America's (generally misguided, in my view) scheme for "protecting" religious liberty. The important case out of New Mexico a few years ago illustrates what's in store; the New Mexico High Court reached the sensible result on behalf of equality values, but I'm sure other courts will not do as well.
*"OUTLAW" is the usual name of the LGBT student group at American law schools.