An Opportunity to Correct Smith
Jack Phillips’ case may be over but the Supreme Court has the opportunity to make a lasting impact through the case of ‘Sweet Cakes by Melissa.” Learn more at Firstliberty.org/Briefing.
Thank you for joining us for the First Liberty Briefing, an exclusive podcast where host Jeremy Dys—also First Liberty Senior Counsel—provides an insider’s look at the stories, cases, people and laws that have made America the world’s leader in protecting religious liberty.
Jack Phillips’ long ordeal appears to be over. But, as Justice Kennedy wrote for the majority in Jack’s case:
“The outcome of cases like this in other circumstances must await further elaboration in the courts.”
That includes First Liberty’s clients, Aaron and Melissa Klein. The State of Oregon shut down Aaron and Melissa Klein’s “Sweet Cakes by Melissa,” penalizing them $135,000 for the simple act of declining to create a custom wedding cake for a same-sex wedding ceremony.
Oregon rests all of its actions on a law that theoretically applies generally to everyone and, on its face, treats religious exercise neutrally.
That position is grounded in the 1990 decision of the U.S. Supreme Court called Employment Division v. Smith.
The product of the late-Justice Antonin Scalia, the majority opinion in Employment Division has been roundly criticized through the years. The danger of Employment Division is that it allows laws that do burden one of the key provisions of the First Amendment—namely, the free exercise of religion—to escape meaningful judicial review.
Aaron and Melissa’s case provides the Court an opportunity to correct that.
Jack Phillips’ case left American business owners wondering whether the government can prescribe what they believe and force them to confess accordingly.
The Constitution prohibits government officials, high or petty, from compelling small business owners to create a message contrary to their religious beliefs.
To learn how First Liberty is protecting Religious Liberty for all Americans, visit FirstLiberty.org.
First Liberty Institute is the largest organization in the nation dedicated exclusively to protecting religious freedom for all Americans. Find out more here.
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