The U.S. supreme Court’s M starting its 2018-19 term this month. Although we don’t know yet the range of issues the high court will confront, many observers believe the question of whether religious freedom confers a right to discriminate may surface. The court last term dodged this issue. In its Masterpiece Cakeshop decision, the court approached the question of how far the owners of a public accommodation can use their religious beliefs to operate the business but largely avoided key constitutional issues of free expression and freedom of religion raised by a baker. Rather, in a narrow ruling based on administrative procedure, the court ruled that the Colorado Civil Rights Commission’s treatment of the baker was hostile to his religious viewpoint. Although the 7-2 ruling favored the baker’s refusal to make a wedding cake for a same-sex couple, Justice Anthony M. Kennedy asserted that business owners are not permitted to use religion, or religious objections, to discriminate against protected classes of groups or individuals. Thus, the business owner’s First Amendment claims of free speech or free exercise of religion do not supersede public-accommodation laws, which exist in most states. Some of these laws prohibit public establishments from discrimination based […]
News from around the world. Curated by Mark McDowell. Posts do not constitute agreement or endorsement.