Question
(20 points) A couple responds to a wedding photographer's advertisement asking them to work the couple's upcoming wedding. The photographer agrees, but after meeting the
(20 points) A couple responds to a wedding photographer's advertisement asking them to work the couple's upcoming wedding. The photographer agrees, but after meeting the couple and determining that it is a same-sex wedding, the photographer refuses to perform their services. The same-sex couple claims they are being discriminated against in violation of the state's anti-discrimination statute, while the photographer claims they are protected either through First Amendment speech rights or First Amendment religious liberty protections. Does the Masterpiece case provide any precedential answer to whether photography is considered speech or whether religious protections enable a refusal of services based on sexual orientation? Why or why not? Does the Masterpiece case provide any information with regard to how these religious rights claims for protection of service refusals for a same-sex wedding must be evaluated? You do not need to and should not discuss any First Amendment speech related issues.
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