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Master Piece Cake Shop (BRIEF FOR PETITIONERS (Arguements (Compelling…
Master Piece Cake Shop
BRIEF FOR PETITIONERS
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Arguements
- Compelling Phillips to Create Artistic
Expression that Celebrates Same-Sex
Marriage Violates the Free Speech Clause
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- The Commission Has Violated the
Compelled-Speech Doctrine
Upon these principles, this Court has developed
the compelled-speech doctrine, which forbids the
government
(1) from forcing citizens (or businesses) to
express messages that they deem objectionable
(2) from punishing them for declining to convey such
messages
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Rational basis review
Rational basis review tests whether the government's actions are "rationally related" to a "legitimate" government interest
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Romer v. Evans
Holding : The Court majority held that the Colorado constitutional amendment targeting homosexuals based upon animosity lacked a rational relation to any legitimate governmental purpose
Contestation
In 1992, Colorado voters approved by initiative an amendment to the Colorado state constitution (Amendment 2) that would have prevented any city, town, or county in the state from taking any legislative, executive, or judicial action to recognize homosexuals as a protected class
Hurley
Hurley, after all, did not ask whether
the parade organizers’ “conduct” in declining the
LGBT group’s request was expressive; it considered
whether the parade itself
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