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Full-Text Articles in Religion Law
Masterpiece Cakeshop And The Future Of Religious Freedom, Mark L. Movsesian
Masterpiece Cakeshop And The Future Of Religious Freedom, Mark L. Movsesian
Faculty Publications
Last term, the Supreme Court decided Masterpiece Cakeshop, one of several recent cases in which religious believers have sought to avoid the application of public accommodations laws that ban discrimination on the basis of sexual orientation. The Court’s decision was a narrow one that turned on unique facts and did relatively little to resolve the conflict between anti-discrimination laws and religious freedom. Yet Masterpiece Cakeshop is significant, because it reflects broad cultural and political trends that drive that conflict and shape its resolution: a deepening religious polarization between the Nones and the Traditionally Religious; an expanding conception of equality that …