18 Appalachian J.L. 113 (2018-2019)
A Functional Free Exercise Clause Analysis Requires a State to Prove a Compelling Interest before Interfering with an Individual's Faith-Based Same-Sex Marriage Participation Objections

handle is hein.journals/appalwj18 and id is 119 raw text is: 





     A  FUNCTIONAL FREE EXERCISE CLAUSE ANALYSIS
 REQUIRES A STATE TO PROVE A COMPELLING INTEREST
       BEFORE INTERFERING WITH AN INDIVIDUAL'S
              FAITH-BASED SAME-SEX MARRIAGE
                  PARTICIPATION OBJECTIONS

                         L. Darnell Weedent

                         I.  INTRODUCTION

     Many  people ask Jack Phillips, the owner of Masterpiece Cakeshop in
Lakewood,   Colorado, how   he feels as he considers the United States
Supreme  Court's ruling in his case, Masterpiece Cakeshop v. Colorado Civil
Rights Commission.' Phillips' feelings are a whirlwind as he contemplates
whether  this great diverse American nation still has breathing space for
him  and the millions of additional people whose religious principles do
not permit them to support same-sex marriage.2 Phillips contends he and
his wife suffered economic losses after the government forced them to
make  the decision stop designing wedding cakes because of their faith-
based refusal to make a wedding cake for a same-sex couple.' Phillips made
the following simple assertion regarding his faith.' He generally provides
service to all customers; however, his religious principles will not allow
him  to create custom cakes that communicate  praise for occasions that
conflict with his faith.' That is why I told the gentlemen who are suing
me  that, even though I couldn't design a custom cake to celebrate their
same-sex marriage, I'd be happy to sell them anything else in my shop or
create a cake for them for another occasion.' Everyone is welcome inside
Phillips' shop, but, because of the God he obeys with joy, creating a cake
that celebrates same-sex marriage is not something that he can do.'
     According to an anxious Phillips, [I]t is troubling to imagine what
the future looks like for me and the millions of others - whether Muslims,

   - Associate Dean of Research & Faculty Development, Roberson King Professor,
Thurgood Marshall School of Law, Texas Southern University; B.A., J.D., University of
Mississippi. I would like to express gratitude to my wife and children for their endurance as
I wrote this article. I would also like to thank the members of ASL Law Journal for their
very helpful suggestions during the publishing of my article.
   1. Jack Phillips, Op-Ed., Will SCOTUS Protect Me and My Freedom?, THE Tu Es
TRENTON, Apr. 28, 2018, at A9, available at 2018 WLNR 12983050.
   2. See id.
   3. Id.
   4. Id.
   5. Id.
   6. Id.
   7. Id.


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