RT Article
T1 Of cakes, websites and faith-based complaints: the fine art of crafting religion as speech
JF Religion and human rights
VO 19
IS 1
SP 23
OP 44
A1 Corsalini, Matteo
LA English
YR 2024
UL https://ixtheo.de/Record/1883848628
AB In 303 Creative LLC v. Elenis (2023), for the first time ever, the United States Supreme Court (USSC) explicitly recognised that business commercials now enjoy constitutional, First Amendment-based religious exemptions from providing services to same-sex customers. Not even in its much-maligned decision in Burwell v. Hobby Lobby (2014), which extended in an unprecedented way to for-profit companies statutory (but not constitutional) rights heretofore confined to churches, the Court went this far. But more than this, the decision in 303 Creative LLC also appears to be the symbol of something new: a definitive shift to the Free Speech Clause to the U.S. Constitution as an alternative tool to the Free Exercise Clause for protecting religious liberty. This article explains why this shift in doctrine has happened, why it matters, and how enhanced protections for business religious free speech fits with the agenda of conservative constitutional politics in America.
K1 “expressive” for-profit companies
K1 viewpoint discrimination
K1 Religious Free Speech
K1 Free Speech Clause
K1 Employment Division v. Smith
K1 303 Creative LLC v. Elenis
DO 10.1163/18710328-bja10040