The Subway Sandwich Artist Argument; When “Religious Freedom” Isn’t About Religious Freedom
…only consider granting a religious exception if the law “involved not the Free Exercise Clause alone, but that Clause in conjunction with other constitutional protections.” Scalia’s caveat invites the kind of argument that Phillips and his supporters are making in Masterpiece Cakeshop, namely, that the Colorado Civil Rights Commission’s decree that mandated Phillips to respond equally to custom orders for same- and opposite-sex wedding cakes burd…
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