By Kenneth J. Bartschi, Partner
- Jul 11, 2017
Equal Benefits or Public Support of Religion?
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” The inherent tension between these two phrases was at play in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577 (U.S. June 26, 2017), in which the Court held by a 7-2 vote that Missouri violated the Free Exercise Clause when it categorically denied a church the opportunity to particip
By Kenneth J. Bartschi, Partner
- Jul 7, 2017
Let Them Eat Cake – Or Not
As I recently noted, on June 26, 2017—the anniversary of three major gay rights cases: Lawrence, Windsor, and Obergefell—the United States Supreme Court granted certiorari in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111. Having read the petition and responsive briefs, it would appear that the case has the potential to undermine anti-discrimination laws in the guise of protecting free expression and religion. The facts are not complicated. In 2
