Title

A Functional Free Exercise Clause Analysis Requires a State to Prove a Compelling Interest before Interfering with an Individual's Faith-Based Same-Sex Marriage Participation Objections

Document Type

Article

Publication Title

Appalachian Journal of Law

Publication Date

2018

Date Added

2022-01-14

Abstract

Many people ask Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, how he feels as he considers the United States Supreme Court's ruling in his case, Masterpiece Cakeshop v. Colorado Civil Rights Commission. Phillips' feelings are a whirlwind as he contemplates whether this great diverse American nation still has breathing space for him and the millions of additional people whose religious principles do not permit them to support same-sex marriage.

First Page

113

Keywords

First Amendment, Free Exercise, LGBTQ+ rights

Disciplines

Civil Rights and Discrimination | Constitutional Law

Publisher

Appalachian School of Law

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