Business Law

Many businesses today, as corporate entities other than sole proprietorships, voice their political and social views in various ways. Chick-fil-A is an example of a business that voiced prominent views on the issue of gay rights, a perception it since has tried to reverse. This news article briefly summarizes the Chick-fil-A controversy: https://www.courier-journal.com/story/money/companies/2019/03/26/chickfila-ceo-gay-marriage-comments-still-impact-reputation-lgbtq-community/3276142002/.

The subject of gay rights is an evolving issue of constitutional implications. Another business, a Colorado bakery, stepped into center ring of controversy asserting that First Amendment free exercise of religion overrode Colorado’s discrimination laws requiring equal access of service to the public. For this Forum, consider this case: the U.S. Supreme Court’s decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S.Ct. 1718 (2018). (Your written Assignment this week is to prepare a case brief of this case. A copy of the case opinion is attached to the Week 3 Assignment.) Masterpiece Cakeshop, Ltd. was a small bakery, whose owner refused to create and sell a wedding cake to a same-sex couple for their wedding because the marriage was against his religious beliefs.

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Explain the U.S. Supreme Court’s decision in this case. Do you agree with the Court’s decision? Explain.
Compare the outcome of this case to the Court’s finding of race discrimination under the Commerce Clause in Katzenbach v. McClung, 379 U.S. 294 (1964), available at https://caselaw.findlaw.com/us-supreme-court/379/294.html
Do you agree that a business entity (other than a sole proprietorship) should have the same First Amendment rights as individual human citizens? Why or why not?
**Discuss these questions and other views you wish to offer.**

Additional Chick-fil-A reference: Severson, K. (2012, July 25). Chick-fil-A thrust back into the spotlight on gay rights. New York Times. Retrieved from https://www.nytimes.com/2012/07/26/us/gay-rights-uproar-over-chick-fil-a-widens.html

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