On December 5, 2017, the Supreme Court will hear oral arguments in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, a case examining how to balance free speech and freedom of religion claims against claims of discrimination.
The question at stake is whether the government can compel a bakery owner to act in ways—in this case, creating a wedding cake for a gay couple—that violates his religious beliefs about marriage.
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Vanita Gupta is the president and CEO of The Leadership Conference on Civil and Human Rights. The Leadership Conference joined an amicus brief in this case with other civil rights groups (NAACP, Southern Poverty Law Center), siding with the Civil Rights Division.
Michael Moreland is University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova Law School. He joined an amicus brief along with 34 other legal scholars supporting the cake shop owner.
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” He is also a professor at The George Washington University Law School, and a contributing editor for The Atlantic.
Related Decisions and Briefs
- Vanita Gupta Brief: Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et. al in support of respondents in Masterpiece Cakeshop v. Colorado Civil Rights Commission – U.S. Supreme Court, October 30, 2017
- Michael Moreland Brief: Brief amici curiae of 34 Legal Scholars in support of petitioners in Masterpiece Cakeshop v. Colorado Civil Rights Commission – U.S. Supreme Court, September 7, 2017
- More briefs filed in Masterpiece case available on SCOTUSblog
- Colorado Anti-Discrimination Act - CO Rev Stat § 24-34-601 (2016)
- Opinion in Obergefell v. Hodges, 576 U.S. (2015) – U.S. Supreme Court, June 26, 2015
- Opinion in Burwell v. Hobby Lobby, 573 U.S. (2014) – U.S. Supreme Court, June 30, 2014
- Opinion in West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943) - U.S. Supreme Court, June 14, 1943
Additional Resources
Our Interactive Constitution is the leading digital resource about the debates and text behind the greatest vision of human freedom in history, the U.S. Constitution. Here, scholars from across the legal and philosophical spectrum interact with each other to explore the meaning of each provision of our founding document.
Common Interpretation
Freedom of Speech and the Press by Geoffrey R. Stone and Eugene Volokh
Matters of Debate
Fixing Free Speech by Geoffrey R. Stone
Frontiers for Free Speech by Eugene Volokh
Common Interpretation
The Free Exercise Clause by Frederick Gedicks and Michael McConnell
Matters of Debate
Religious Liberty Is Equal Liberty by Frederick Gedicks
Free Exercise: A Vital Protection for Diversity and Freedom by Michael McConnell
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