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Rhetoric In Masterpiece Cakeshop V. Colorado Civil Rights Commission

669 Words3 Pages

Religion has always played a large role in society, grounding a lot of legal frameworks through religious values. One crucial moment that underlines religion and law occurred during the Supreme Court case Engel v. Vitale. The decision for the case was made in 1962 after a New York State law required a voluntary prayer to be practiced at the beginning of the school day. A parent sued on behalf of his child, arguing that the law violated the Establishment Clause of the First Amendment, as made applicable to the states through the Due Process Clause of the Fourteenth Amendment (United States Courts). Engel v. Vitale put a lot of pressure on the Supreme Court when recognizing the balance between government and religion. Jeffrey Darko authored the …show more content…

Colorado Civil Rights Commission” by Michael Eisenstadt explains Masterpiece Cakeshop v. Colorado Civil Rights Commission was decided on the narrow ground that the Colorado Civil Rights Commission violated the First Amendment’s Free Exercise Clause (Eisenstadt, 2020). The Supreme Court ruled in favor of Phillips in a 7-2 decision that created a lot of controversy between the religious community and the LGBTQ+ community. This decision failed to answer a cardinal question of constitutional law, whether or not the First Amendment’s Free Speech Clause could undermine nondiscrimination law (Eisenstadt, 2020). This means that the case did not establish whether the Free Speech Clause of the First Amendment could affect the anti-discrimination laws negatively. The Masterpiece Cakeshop v. Colorado Civil Rights Commission is still considered discrimination against the LGBTQ+ community and has people questioning the balance of religion in society and what is at cost. It is important to relate these Supreme Court Cases to religion having its disadvantages, including discrimination, because a court has the important task of balancing the civil rights among

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The Supreme Court case of Engel v. Vitale’s decision was based on the establishment clause. The case of Engel v. Vitale struck down state organized prayer in school. The prayer had government endorsement and was thus considered unconstitutional. The Supreme Court case of Oregon v. Smith used the free exercise clause the basis of their decision.

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At first, Engel’s case was refused by Justice Bernard S. Meyer because he concluded that school prayer did not interfere with the public’s rights under the First Amendment. Later with the time, Engel did not give up on the case and took it to the Supreme Court instead of the New York Court of Appeals where it was reviewed for the second time. Finally, on June 25, 1962, the final decision was given and it declared the law unconstitutional (“Facts and Case Summary - Engel v. Vitale” 1). The opinion of the court was 6-1 in were six of them were concurrence and one of them dissented (Skelton 1). The author of the people who were concurrence was William Orville Douglas.

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