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W3: Constitutional Law in Business Practice

W3: Constitutional Law in Business Practice

Q When does the First Amendment's Free Exercise of Religion Clause justify a discriminatory business practice? In forming your discussion, READ and COMPARE: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S.Ct. 1718 (2018). Masterpiece Cakeshop, Ltd. (a small bakery, whose owner refused to create and sell a wedding cake to a same-sex couple for their wedding because their homosexual marriage was against his religious beliefs) and State of Washington v. Arlene's Flowers, Case No. 91615-2 (Wash., June 6, 2019)(florist claimed right to deny flowers to same-sex wedding for reason of religion).

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The free exercise clause retains the privilege to liberally exercise one own religion. This clause further mentions that the administrative department should establish no such law for restricting the free exercise of the religion.