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Casebook Read Credits
Gender, Sexuality, and the Law
Section 11
3 hours

Public Accommodations, Freedom of Conscience, and Discrimination

Mary R Ziegler

One of the next battles, post-Obergefell, involves conflicts between married or soon-to-be-married queer couples and business owners who raise religious or conscience-based objections to serving those couples. We will consider the claims raised in these disputes--which touch on questions of equal treatment, freedom of religion, and freedom of speech. We will also consider the broader stakes of these struggles for other laws regulating access to public accommodations and other crucial services for any protected group. We will also take a look at what may be an upcoming Supreme Court blockbuster in this area--303 Creative v. Elenis.

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