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Very frequently, constitutional rights come into conflict with one another. A very notable, recent example of this phenomenon involved a recent case decided by the Supreme Court of the United States, Masterpiece Cake Shop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. __ (2018). In Masterpiece Cake Shop, an Evangelical Christian baker appealed a decision of the Colorado Civil Rights Commission fining him for refusing to bake a wedding cake for two homosexual men who were planning a same-sex wedding. The baker argued that requiring him to create a cake for a samesex wedding would violate his right to free speech by compelling him to exercise his artistic talents to express a message with which he disagreed and would violate his right to the free exercise of religion. He believed, as a Christian, that marriage is restricted by the Bible to one man and one woman and that coercing him to use his artistic skill to further a sinful and unbiblical practice violated his First Amendment religious freedom rights. The Colorado Civil Rights Commission argued, in response, that the baker’s refusal to serve a homosexual couple was discriminatory and constituted a violation of their civil rights. Read Paulsen, Chapter 10, pp. 259-317, and pay particular attention to his discussion in that chapter of homosexual rights (pp. 280-283). Also, read the Court’s decision in Masterpiece Cake Shop, which is linked to this assignment here. There are extensive legal, political, and public policy materials and scholarly writings regarding the Masterpiece Cake Shop case. You should also research scholarly commentary and studies of Masterpiece Cake Shop and include at least four scholarly sources (e.g., academic journal articles, scholarly books, etc.) to support your arguments. In a carefully crafted, scholarly research paper of 7 to 10 pages in length (formatted and drafted according to MLA style), discuss the history behind Masterpiece Cake Shop, summarize the Court’s decision in the case, and analyze (with supporting citations) how the decision in Masterpiece Cake Shop is consistent with Founding principles set forth in the Declaration of Independence and the Constitution of the United States. Make certain that you reference specific sections/provisions of the Declaration and/or the Constitution in making your argument.
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