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Pages:
3 pages/≈825 words
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2 Sources
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MLA
Subject:
Law
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Coursework
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English (U.S.)
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Topic:

Gay Marriages vs. Religious Freedom

Coursework Instructions:

The Supreme Court heard a case two terms ago considering whether or not a baker has the right to refuse to bake a cake for a gay couple if they have a religious objection. The state of Colorado alleges that the baker’s actions violate state non-discrimination laws while the baker contends that his actions are protected by the first amendment.
The Court ultimately ruled in favor of the baker, but the ruling was narrow in focus and did not establish judicial precedent on the questions of discrimination and first amendment rights.
Your paper should not focus on whether or not gay marriage is morally correct or sinful. It should also not focus on whether it was morally correct or sinful for the baker to refuse service or whether or not the couple should have brought legal action against the baker. We’re interested in the question of the law and constitutionality. Is Colorado’s law unconstitutional? Were the baker’s actions protected by the constitution? Your position should speak to the question of where the line is drawn between the first amendment and discrimination.
Read the following article, perform outside research, and support a position. ALL of your arguments and positions should be supported by documented outside evidence. Citing the text of the first amendment along with your interpretation of what that means is NOT sufficient supporting evidence. We have hundreds of years of case law and interpretation of the Constitution. Look for Federal Court rulings on similar constitutional clashes.
https://www(dot)nytimes(dot)com/2018/06/04/us/politics/supreme-court-sides-with-baker-who-turned-away-gay-couple.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics®ion=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfrontLinks to an external site.

Coursework Sample Content Preview:
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Gay Marriages vs. Religious Freedom
The discussions on Gay relationships, just as in other human rights debates, are often dulled by sentimentality. People anticipate both sides of the discourse to exhibit solid emotional views. Fortunately, the constitution establishes objectivity in inherently subjective discussions. It is readily conceivable that the most significant opposition to gay relationships arises from the primary religious worldviews. A constitutional dilemma emanates from the constitution protecting gay rights and religious freedoms. The Colorado State Supreme Court attracted attention when its rule supported a baker sued for refusing to honor a cake order for a gay couple by quoting religious obligations. Thus, one should evaluate this ruling for the benefit of constitutionality in the light of established precedence and former interpretations. The contrast between religious liberty and discrimination is essential for constitutionalism.
One readily available deduction from the supreme court verdict is that the court explicitly evaluated the act in contention. Although experts may rightfully regard the judgment as narrow, it effectively assessed the presented dilemma. The perceived narrowness should allow for similar determination of relevant future cases on their merit rather than prominently from established precedence. Evidence indicates that one could not have effectively determined the subject through a generalized context (Koppelman 50). The court treated the issue as unique because it established the intricacies of the case highly influential in its determination. The observation demonstrates that the verdict did not offer generalized guidance on the impact of anti-discrimination laws on religious beliefs. Religion also registers in multiple peculiar forms that warrant case-by-case analysis (Koppelman 20). The significance of the intricate details in the case devolved to the nature of the product involved in the transaction. As a result, the effective treatment of the case naturally necessitated a narrowed context.
The verdict is a testimony to the competence of the judicial institutions. The legalization of gay marriage, as a constitutional aspect, has been gradually staggered in the justice systems, only witnessing a breakthrough in the twenty-first century. The various states of the U.S. gradually legalized same-sex marriage before the nationwide ratification of the concept in 2015 in Obergefell v. Hodges (Ball 153). The evolution conceivably represented a metamorphosis from narrow judgments to definitive verdicts with formidable precedence. Thus, the judicial institutions warrant some faith in their determinations. Arguments arise that promoting progressions in some contexts is hypocritical while encouraging sta...
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