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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.
Except the law is not target any religion, it is a generally applicable law just like in Employment div v Smith which ruled that religious belief does not trump generally applicable state laws.
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.
Stephen Crowder documented nothing except poorly edited videos with horrible sound quality. If Crowder feels that he was wronged why didn't he bring a case?
Indeed, I do. It's why DC lost DC v. Heller. State/local laws are superceded by Constitutional Rights: Supremacy Clause.
Federal law is as well!!!
Are you arguing that a state cannot enforce any state law against anyone claiming a religious belief? What about religions that say that women who commit adultery should be beaten? Are you saying that state assault or battery laws can’t apply? I can assure you they do.
Stephen Crowder documented nothing except poorly edited videos with horrible sound quality. If Crowder feels that he was wronged why didn't he bring a case?
Indeed, I do. It's why DC lost DC v. Heller. State/local laws are superceded by Constitutional Rights: Supremacy Clause.
Then why didn't the supreme court rule in Smiths favor in Emp div v Smith?
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