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
Appalachian Journal of Law
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 Amendment, Free Exercise, LGBTQ+ rights
Civil Rights and Discrimination | Constitutional Law
Weeden, L. Darnell, "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" (2018). Civil Rights Publications. 9.
Appalachian School of Law