Question
You should not contest their claim because it would violate their right to freedom of religion. The First Amendment states that Congress shall make no
You should not contest their claim because it would violate their right to freedom of religion. The First Amendment states that Congress shall make no law "respecting an establishment of religion" "or prohibiting the free exercise thereof". These clauses guarantee freedom of religion through the separation of church and state. (pg161). It has already been used to challenge legislation requiring the closing of business establishments on Sunday. (pg162). If the employees refuse to work on Sunday because they wanted to play golf, then I would contest their claim. There is no amendment or law protecting them because they wanted to go play golf. You would not be violating their rights.
2. The mayor cannot prohibit the work from appearing in the show. It would violate the Free Speech Clause of the First Amendment. Speech may not be banned on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful, but the proudest boast of our free speech jurisprudent is that we protect the freedom to express. Yes, the painting may be "sick" and "disgusting" but that is viewpoint discrimination and that violates the First Amendment. (pg79). The artist is expressing himself which does not violate any laws.
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