23 min

Monday Read: Is 303 Creative v. Elenis Masterpiece Cakeshop 2.0‪?‬ Interactions

    • Education

In today’s episode of Interactions, we hear from Mark Satta and his Canopy Forum https://canopyforum.org/2022/06/27/303-creative-v-elenis-masterpiece-cakeshop-2-0/ (article) “303 Creative v. Elenis: Masterpiece Cakeshop 2.0?”.
In his article, Satta considers an upcoming Supreme Court Case, 303 Creative LLC v. Elenis, which concerns whether a Christian website designer has the right to refuse services to same-sex couples, in relation to a similar case: Masterpiece Cakeshop v. Colorado.
“In many ways, 303 Creative picks up where Masterpiece Cakeshop left off,” Satta writes. “But social, political, and legal circumstances have shifted over the last five years." And, as Satta explains, the free speech issues in 303 Creative are markedly different.
“It is not clear that the website constitutes, even in part, the web designer’s speech,” says Satta. “The more pointed free speech issue — which has no analog in Masterpiece — is the statement that the web designer wishes to include on her business webpage explaining why she refuses to make wedding websites for same-sex couples.”
The statement in question communicates her religious motivations for refusing to provide services to same-sex couples.
Is such a statement protected under the First Amendment?
Does a business owner not only have the right to discriminate against same-sex couples, but also the right under the First Amendment to voice why?
And what might the surge of Christian nationalism in the U.S. mean for how this case could be decided?
Find out on today's episode of Interactions.
Read the original article on https://canopyforum.org/2022/06/27/303-creative-v-elenis-masterpiece-cakeshop-2-0/ (Canopy Forum).
Browse our https://cslr.law.emory.edu/scholarship/cslrbooks2016-2021.pdf (book brochure).

In today’s episode of Interactions, we hear from Mark Satta and his Canopy Forum https://canopyforum.org/2022/06/27/303-creative-v-elenis-masterpiece-cakeshop-2-0/ (article) “303 Creative v. Elenis: Masterpiece Cakeshop 2.0?”.
In his article, Satta considers an upcoming Supreme Court Case, 303 Creative LLC v. Elenis, which concerns whether a Christian website designer has the right to refuse services to same-sex couples, in relation to a similar case: Masterpiece Cakeshop v. Colorado.
“In many ways, 303 Creative picks up where Masterpiece Cakeshop left off,” Satta writes. “But social, political, and legal circumstances have shifted over the last five years." And, as Satta explains, the free speech issues in 303 Creative are markedly different.
“It is not clear that the website constitutes, even in part, the web designer’s speech,” says Satta. “The more pointed free speech issue — which has no analog in Masterpiece — is the statement that the web designer wishes to include on her business webpage explaining why she refuses to make wedding websites for same-sex couples.”
The statement in question communicates her religious motivations for refusing to provide services to same-sex couples.
Is such a statement protected under the First Amendment?
Does a business owner not only have the right to discriminate against same-sex couples, but also the right under the First Amendment to voice why?
And what might the surge of Christian nationalism in the U.S. mean for how this case could be decided?
Find out on today's episode of Interactions.
Read the original article on https://canopyforum.org/2022/06/27/303-creative-v-elenis-masterpiece-cakeshop-2-0/ (Canopy Forum).
Browse our https://cslr.law.emory.edu/scholarship/cslrbooks2016-2021.pdf (book brochure).

23 min

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