Constitutional Clashes Research

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.

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