Contemplating Masterpiece Cakeshop, Danielle Weatherby
Dec 2016
Contemplating Masterpiece Cakeshop, Danielle Weatherby
Danielle Weatherby
Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws, this Essay suggests that the reconciliation …
Lgbt Rights And The Mini Rfra: A Return To Separate But Equal, Danielle Weatherby, Terri R. Day
Aug 2016
Lgbt Rights And The Mini Rfra: A Return To Separate But Equal, Danielle Weatherby, Terri R. Day
Danielle Weatherby
This Article focuses on the tension and interplay between those advocating for LGBT-inclusive laws and those seeking protection under state, mini RFRAs from what they characterize as religious discrimination to resist the trend toward LGBT equal rights.
A Primer On Hobby Lobby: For-Pro T Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rf ’S Scope, And The Nondelegation Doctrine, Danielle Weatherby, Terri R. Day, Leticia M. Diaz
Dec 2014
A Primer On Hobby Lobby: For-Pro T Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rf ’S Scope, And The Nondelegation Doctrine, Danielle Weatherby, Terri R. Day, Leticia M. Diaz
Danielle Weatherby
Earlier this term, the United States Supreme Court heard oral argument in the consolidated case of Burwell v. Hobby Lobby Stores, Inc., the first of a litany of cases in which for-profit business entities are invoking the Religious Freedom Restoration Act (RFRA) in support of their claims that the Affordable Care Act’s Health and Human Services (HHS) mandate (the Mandate) violates their freedom of religion. In particular, these plaintiffs argue that the Mandate’s requirement that employer-provided health insurance cover the costs of contraceptives, the “morning after” pill, and other fertility-related drugs conflicts with their deeply held religious belief that life …
Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media: An Uncertain Future For Pacifica V. Fcc, Danielle Weatherby
Dec 2011
Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media: An Uncertain Future For Pacifica V. Fcc, Danielle Weatherby
Danielle Weatherby
This article posits that regulating in an area of speech that raises questions about its social value and potential harm will be extremely difficult under the Roberts Court. Government restrictions targeting the content of low value, but protected, expression will be reviewed under the exacting standards of core First Amendment speech. Even though the broadcast indecency policy is shrouded in administrative agency deference standards, it is unlikely that the Court will give the FCC free-wheeling reign to enforce its new policy, which is much more speech-restrictive than the FCC’s enforcement policy of the past forty years. While the Court may …
