PSCI 3322 Lecture Notes - Lecture 20: Free Exercise Clause, Establishment Clause, Protected Group
25 Jan 2017
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In a state civil rights which prevents discrimination on the basis of sexual orientation. We are not really interfering with free exercise of religion because we are not really asking for elane photography to say we are in favor of same sex marriage. The extent to which a state can override a free exercise claim. Override the free exercise claim is that new mexico had civil rights act. It doesn"t ha(cid:448)e an indiana ci(cid:448)il rights act like ne(cid:449) mexico (cid:449)hich has protected class of people who were discriminated against. A person whose exercise of religion that has been substantially burdened or is likely to be substantially burned or is likely to be may assert the violation as a claim or defense in a judicial or administrative proceeding. If i am a baker, i can"t bake a cake for same sex wedding, it will substantially burden my religion. That claim is protected by law under rfra.
