We’re Weighing In at the US Supreme Court

The Family Foundation and over 30 other family policy councils filed a public policy brief in one of the most important cases before the Supreme Court during its upcoming October Term 2017. Oral arguments in the case will likely be scheduled during the Court’s December sitting.

The question before the Court in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission is whether Colorado’s public accommodations law, which compels artists to create expression that violates their sincerely held religious beliefs about marriage, violates the Free Speech or Free Exercise Clauses of the First Amendment.

Our brief argues that it is perhaps the Court’s most enduring and potent constitutional call which is at stake. The brief’s full text can be found here.

In the midst of the worst war the world has ever seen, the Court decided a landmark case which proclaimed that [i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.” W. Va. State Bd. Of Educ. V. Barnette (1943).

Surely, if the Court can uphold rights of conscience when the nation’s very survival was at stake, it can reaffirm them when the collision is with hurt feelings and personal convenience. Let the patron find a willing creator, and let the unwilling artist keep his conscience clean.

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