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Don't some states and localities have laws that don't allow for such discrimination?
They do but when such laws violate anyone's Constitutional Rights, they're invalid: US Constitution's Supremacy Clause.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
As a Constitutionalist would know, Constitutional Rights trump state and local laws.
In part, along with the creative expression free speech issue, the baker is fighting against religion-based discrimination. Religion is a federally protected class under the CRA. LGBT is not.
The latter is a huge mistake advocates have made. They should have been working all this time to pass federal legislation that would have added LGBT as a protected class under the CRA. They did not, leaving state and local laws subordinate to Constitutional Rights. Critical strategic error.
If this had been a Muslim bakery who refused to make a pork pie because of religious beliefs,the whining left would be right in their corner.
Muslim bakeries have already declined to bake wedding cakes for same sex weddings. Various videos online document the occurrences. Nothing is ever done about it. If Muslims' religious beliefs are protected under such circumstances, the same should be true for those of all religions.
They do but when such laws violate anyone's Constitutional Rights, they're invalid: US Constitution's Supremacy Clause.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
As a Constitutionalist would know, Constitutional Rights trump state and local laws.
In regards to the cake, no Constitutional Rights were violated.
In regards to the cake, no Constitutional Rights were violated.
In regards to how the state of Colorado handled the penalties it imposed on the baker, yes, his Constitutional Rights were violated. The case is in fact the baker vs. a Colorado state agency: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.
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