Dog Whistles and Holes in the Masterpiece Cakeshop Arguments?
…rve black customers in violation of his religious beliefs. Courts have typically applied “strict scrutiny” to laws that involve “suspect classifications,” categories like race that have historically been used to disadvantage some and favor others. Although the Supreme Court has not formally applied either strict scrutiny or the lower “intermediate scrutiny” standard to religion, its First Amendment doctrine requires the government to demonstrate t…
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