When does the First Amendment’s Free Exercise of Religion Clause justify a discriminatory business practice?

QUESTION FOR THIS FORUM DISCUSSION:

When does the First Amendment’s Free Exercise of Religion Clause justify a discriminatory business practice?

Writer – In forming your discussion, READ and COMPARE: 275 Words

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).

In forming your discussion, READ and COMPARE: 275 Words

Case 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

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