Do photographers have a First Amendment right to choose what they photogr...

[Frank Cross]

I would think no individual case would be compelling, but the 
question is whether government has a compelling interest in 
prohibiting commercial discrimination against gays (or blacks, jews, etc.)

At 11:15 AM 4/10/2008, DavidEBernstein at aol.com wrote:
>Yes, they should, normatively.  Is this a First Amendment right? Not 
>under current freedom of expression doctrine, nor under Smith for 
>religious freedom, but it should be protected under state RFRAs, as 
>the state has no compelling interest in requiring any given caterer, 
>florist, or anyone else to work at any particular wedding (though 
>there are precedents out there holding that things that I wouldn't 
>even say are minimally important government interests are 
>constitutionally compelling for state free exercise purposes, as in 
>the Swanner case in Alaska in which the state supreme court held 
>that forcing a religious landlord to rent to an unmarried 
>heterosexual couple was a "compelling state interest.")
>
>In a message dated 4/10/2008 12:03:41 PM Eastern Daylight Time, 
>mallapollack at yahoo.com writes:
>
>Ask yourself, should someone be allowed to refuse to cater food for 
>a same-sex wedding; let a same-sex wedding take place in his 
>restaurant, do the flowers for a same-sex wedding?
>Malla Pollack
>Barkley School of Law
>
>
>
>
>
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Frank B. Cross
Herbert D. Kelleher Centennial Professor of Business Law
McCombs School of Business
University of Texas
CBA 5.202 (B6500)
Austin, TX 78712-0212
512.471.5250  
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