When does the First Amendment’s Free Exercise of Religion Clause justify a discriminatory business practice?
In forming your discussion, READ and COMPARE: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S.Ct. 1718 (2018). Masterpiece Cakeshop, Ltd. (a small bakery, whose owner refused to create and sell a wedding cake to a same-sex couple for their wedding because their homosexual marriage was against his religious beliefs) and State of Washington v. Arlene’s Flowers, Case No. 91615-2 (Wash., June 6, 2019)(florist claimed right to deny flowers to same-sex wedding for reason of religion).
Another case you should consider is the Court’s finding of race discrimination under the Commerce Clause in Katzenbach v. McClung, 379 U.S. 294 (1964). Would it make a difference if the restaurant owner claimed segregation of the races was required by his religion?
Additional Chick-fil-A reference: Severson, K. (2012, July 25). Chick-fil-A thrust back into the spotlight on gay rights. New York Times.
From eReserve readings: Supreme Court Sends Mixed Messages About LGBTQ Rights