Gay Rights Versus Religious Liberty: The Case of Jack Phillips and Masterpiece Cakeshop
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Authors
Walsh, Anthony
Issue Date
2023
Volume
25
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Journal Article
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Abstract
The “first liberty” of the United States is religious liberty as contained in the Bill of Rights forbidding Congress to interfere with citizens’ rights to exercise their religion. The legalization of same-sex marriage has seen the subordination of this right to public accommodation laws because religious wedding vendors have been required either to relinquish their consciences or face financial ruin. The iconic case involving constitutional rights clashing with anti-discrimination laws is that of Colorado baker, Jack Phillips. Phillips’ free exercise, free speech, and freedom from involuntary servitude rights are addressed. In similar cases involving other matters, the Supreme Court has ruled that the rights enumerated in the Constitution trump the unenumerated rights granted by state statutes.
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Rabbi Myer and Dorothy Kripke Center, Creighton University
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1522-5658