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Fordham Law Review

2020

Religion Law

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The Cost Of Free Speech: Resolving The Wedding Vendor Divide, Victoria Cappucci May 2020

The Cost Of Free Speech: Resolving The Wedding Vendor Divide, Victoria Cappucci

Fordham Law Review

As marriage equality becomes fully realized in the United States, business proprietors increasingly refuse to service same-sex weddings on religious grounds. However, at the same time, state laws protect same-sex couples from discrimination in places open to the public. Such competing values have resulted in a line of “wedding vendor” cases. As the cases continue to proliferate, this Note examines when, and to what extent, the otherwise equally important values of free expression and equality should trump one another. This Note analyzes First Amendment compelled speech claims within the line of wedding vendor cases: specifically, whether wedding goods and services …