Question
1. The Supremacy Clause states that the federal constitution and law take precedence over state laws. This leads to a wide range of challenging interpretations
1. The Supremacy Clause states that the federal constitution and law take precedence over state laws. This leads to a wide range of challenging interpretations and brings up numerous constitutional issues.A good example, which relates to this week's readings as well as several other readings we are going to cover in the next few weeks isMasterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.
1a. In this case, a bakery owner, who has a shop that is open to the public, refused to bake a cake for a same-sex couple due to his religious beliefs. The same-sex couple filed a complaint with the Colorado Civil Rights Commission, which found that the baker violated the state law because the same-sex couple was protected under Colorado law. The baker felt that he had the right to refuse service based on religious grounds and, the first amendment guaranteeing his right to free speech. This case was ultimately resolved by the owner dropping his lawsuit against the State of Colorado and the State of Colorado dropping its complaint against the owner. However, in 2020, the owner was back in court again, this time being sued after refusing to serve a transgender woman who tried to order a trans-themed birthday cake. Research a few articles discussing the situation.
1b.What is notable about the 2020 case is the legal theory relied upon in the case changed relative to the theory used in the 2018 case above.In the earlier case, the allegation was that the owner of the cake shop violated anti-discrimination laws by refusing to make a cake for a same-sex couple.In the case of refusing the transgender individual, the legal theory is that this refusal is not discrimination at all, but a permissible refusal to sell a distinctive producta cake celebrating a sex changeto anyone.
2. Another case of this type was recently decided by the Oregon State court system but was ultimately pulled into the Supreme Court.This case is a great example of the idea of precedence as well as the complexity of the questions presented given that numerous courts have reviewed this case and come to different conclusions.
I'm looking for thoughts on how you would determine the right outcome in these situations.To start, clearly state whether you tend to side with the State of Colorado and State of Oregon's position or whether you tend to side with the business owners' position.From there, explain how you reached your conclusion and why you think it is the right conclusion.
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