Religious Freedom Act

Freedom of religion is a right that we, as Americans, have as it is protected with the 1st

Amendment. However, should a business be able to deny service to a customer if the owners

religious belief is conflicted? Is the inability to deny service to a customer a violation of the 1st

Amendment that protects peoples religion? If so, is the ability to deny service to a customer a

violation of the 14th Amendment that protects people from discrimination?

Unfortunately, there are already businesses that are affected by this. A baker in Colorado

stopped making wedding cakes after refusing to make one for a gay couple. Another baker in

Oregon was fined for refusing to make a wedding cake for a lesbian couple. A couple in New

York were fined for refusing to rent their farmhouse for the wedding of two women.

In 1966, there was a Supreme Court case,Newman v. Piggie Park Enterprises, Inc., that

involved the denied service of two black men by Piggie Park No. 2. Defendant Bessinger stated

that the act violates his freedom of religion under the First Amendment since his religious

beliefs compel him to oppose any integration of the races whatever. Although Bessinger has

the right to adopt his own religious beliefs, he does not have the absolute right to exercise and

practice such beliefs in utter disregard of the clear constitutional rights of other citizens.

Does this mean that every business has to go against their religion to allow service to a

customer? No, this case only supports that a business cannot deny service to a customer based

on that persons race, age, sex, sexual orientation, or anything of who that person is, for that is

discrimination. In the case of the baker in Colorado refusing to make a wedding cake for a gay

couple, making a wedding cake for them would mean he had contributed to the wedding of a

gay couple. What if the gay couple only wanted to buy a cake forlets saya birthday? In this

case, making a birthday cake will not be against the bakers religious belief on gay marriage.

Instead, it would only give him the choice of whether or not he wants to provide service to them

based on their sexual orientation. The same thing can be said for the other baker in Oregon and
the couple in New York. Therefore, denying service does not always mean that it is a violation of

the 14th Amendment.

Citations

Muskal, Michael. "Should Religion Give Businesses an Excuse to Not Serve Gay Couples?" Los
Angeles Times. Los Angeles Times, 5 Feb. 2015. Web. 07 Feb. 2017.
"NEWMAN v. PIGGIE PARK ENTERPRISES, INC. | 256 F.Supp. 941 (1966)." Leagle. United States
District Court D. South Carolina, Columbia Division., 28 July 1966. Web. 07 Feb. 2017.