Editing Constitutional Liberties
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The Court have held in Thomas v Review Board of the Indiana Employment Security Division, that a person is guaranteed by the free exercise clause to believe in things that may not be shared by all members of their religious sect. It is not within the court’s purview to see whether the petitioner or his fellow worker more correctly perceive the commands common to their faith or not. Courts are not arbiters of scriptural interpretation. | The Court have held in Thomas v Review Board of the Indiana Employment Security Division, that a person is guaranteed by the free exercise clause to believe in things that may not be shared by all members of their religious sect. It is not within the court’s purview to see whether the petitioner or his fellow worker more correctly perceive the commands common to their faith or not. Courts are not arbiters of scriptural interpretation. | ||
==== | ==== Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission ==== | ||
Facts: The Mullins asked the cakeshop to make a cake to celebrate their same-sex wedding. The shop refused because the owner held sincere religious objections to same-sex marriage. He instead offered to sell generic cakes to the couple. The couple filed a complaint with the CCRC, triggering a multilevel review. | Facts: The Mullins asked the cakeshop to make a cake to celebrate their same-sex wedding. The shop refused because the owner held sincere religious objections to same-sex marriage. He instead offered to sell generic cakes to the couple. The couple filed a complaint with the CCRC, triggering a multilevel review. | ||
Rules: Adjudicatory proceedings against a person for unlawful discrimination must give neutral and respectful consideration to the person's defense of sincere religious motivation. | Rules: Adjudicatory proceedings against a person for unlawful discrimination must give neutral and respectful consideration to the person's defense of sincere religious motivation. | ||
Reasoning: In protecting the civil rights of same sex couples, the government must also protect the rights of those who object on religious or philosophical grounds. Here, the commission three times upheld the baker’s right to refuse. By contrast, the commission ruled that he must make the cakes. The commission reached opposite results based on its determination of which baker’s position was reasonable or unreasonable rather than the sincerity of each of the baker’s position. The commission demonstrated hostility toward religion’s role in public life. | Reasoning: In protecting the civil rights of same sex couples, the government must also protect the rights of those who object on religious or philosophical grounds. Here, the commission three times upheld the baker’s right to refuse. By contrast, the commission ruled that he must make the cakes. The commission reached opposite results based on its determination of which baker’s position was reasonable or unreasonable rather than the sincerity of each of the baker’s position. The commission demonstrated hostility toward religion’s role in public life. | ||
=== Laws before Division v Smith === | === Laws before Division v Smith === |