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Incorrect. The Court held that Free Expression, by itself, isn't adequate to decline generally applicable laws. When another Right is also asserted, as in the CO case (Free Speech), the Court finds in favor of those asserting Constitutional Rights.
Furthermore Employment Division v. Smith is superceded by Burwell v. Hobby Lobby in which the Court ruled that religious objection must be upheld if there is a less restrictive way to achieve the same result.
In these cases that would be: Go to a different bakery.
Always remember that Compelled Speech is unConstitutional. A state can no more compel a baker/bakers to bake a cake against his/their will than they can force students to salute the American Flag: West Virginia State Board of Education v. Barnette
If what you're contending is so settled, why are these cases being heard by SCOTUS? You seem to be a proponent (cheerleader) for a particular outcome, & yet lack the courage of your convictions.
In the current case before the Supreme Court, the owner of Masterpiece Cakeshop, Jack Phillips, contends that his First Amendment right of free speech & religion exempts him from Colorado's anti-discrimination law.
For the people of Colorado, however, Mr. Phillips is a retailer & is barred from discriminating based on race, gender, religion or sexual orientation.
When Michelangelo is not an artist, but a baker is
Supreme Court Seems Split In Case Of Baker Vs. Same-Sex Couple; Eyes Now On Kennedy
They may have done that, but the couple didn't get any money for that.
It was a factor in the ruling.
Quote:
The lengthy ruling described incidents wherein the Kleins’ promotion of their plight resulted in negative attention and threats to the Bowman-Cryers, including Klein’s publication of court documents to Facebook that included the couple’s home address.
From what I recall, this couple also put up a donations page after they claimed they were forced out of business. They really seemed to try to use the situation for personal gain.
In other words, if you serve everyone, you have to serve everyone. Well, these bakers didn't serve everyone, so how do you figure they were serving "the public"?
I don't lnow, maybe because it was get this, discriminatory to do it the way they did. It wasn't a "No shirt, no shoes, no service" issue or asking them to commit a criminal act.
I don't lnow, maybe because it was get this, discriminatory to do it the way they did. It wasn't a "No shirt, no shoes, no service" issue or asking them to commit a criminal act.
[quote]Based on what? There are no protections for LGBT. State law CANNOT supercede Constitutional Rights.
From what I recall, this couple also put up a donations page after they claimed they were forced out of business. They really seemed to try to use the situation for personal gain.
Perhaps they're taking a page from the Westboro Baptists playbook:
Quote:
Originally Posted by hbdwihdh378y9
Those Westboro people are the scum of the earth. Their protests aren't sincere -- they're a money-making litigation scam.
They used to make money suing Kansas businesses for discrimination against black people before Phelps got disbarred. Then they turned to doing outrageous stuff to provoke community responses that then formed the basis for lawsuits seeking damages for discrimination against themselves.
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