COMMENTARY BY The vast majority of business activities do not affect anyone’s freedom of speech or religion. nathaphat/Getty Images Owners Carl and Angel Larsen want to produce wedding videos, but, based on their religious beliefs, decline requests to do so for same-sex weddings. Courts are increasingly called upon to address cases where those laws conflict with constitutional rights, including the freedoms of speech and religious exercise. As any law student learns, one of the most basic First Amendment principles is that the government may not dictate what people can say. A recent decision by the U.S. Court of Appeals in a case arising from Minnesota strikes the right balance between First Amendment rights and the statutory right to be free from discrimination. The ruling came in a case involving Telescope Media Group, which produces commercials, short films, and live-event productions. Owners Carl and Angel Larsen want to produce wedding videos, but, based on their religious beliefs, decline requests to do so for same-sex weddings. State and local governments continue to enact laws prohibiting discrimination based on sexual orientation and, in many cases, gender identity in “places of public accommodation,” such as businesses. Courts are, therefore, increasingly called upon to […]
