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"1st Look" at U.S. Supreme Court Colorado Baker Case and Its Implications for Public Accommodations & Workplaces

Who wins where religious rights clash with anti-discrimination law?

  • Product Number: 2180595RBC
  • CLE Credits, earn up to:
    2 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    On June 4, in the Masterpiece Cakeshop case, the U.S. Supreme Court ruled in favor of a Colorado baker who cited his religious beliefs in refusing to design a wedding cake for a gay couple. But the decision was based on very narrow grounds, relying on statements made by Colorado Civil Rights Commissioners earlier in the proceedings that the Court characterized as hostile to religion. The free-speech-v.-gay-rights issues extensively briefed by the parties were barely addressed in the decision.

    Where does this case leave the law of discrimination in public accommodations, when that law runs up against assertions of religious belief? How do the new standards translate into the closely related area of workplace discrimination? Can religious belief potentially justify all forms of discrimination? Who are the real winners and losers in this case, and how does it affect your practice?

  • Agenda

    Agenda & Materials

    • 1:00 - 1:10 pm
    • 1:10 - 1:35 pm

      Summary of the Decision, the Various Opinions and the First Amendment Issues (Speech and Religion)

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      How far can states go in application of generally applicable civil rights laws where expressive activity is implicated? Where religious belief is implicated?
      Timothy J. Wilton, Esq., Suffolk University Law School , Boston
    • 1:35 - 2:00 pm

      Situating the Decision in the Larger Framework of Gay Rights Jurisprudence at the Supreme Court

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      Did the baker "win" and does this case interrupt the historical rise in acceptance of gay and lesbian rights at the Supreme Court level? How successful was the agenda of the Masterpiece Cake amici?
      Gary D. Buseck, Esq., GLBTQ Legal Advocates & Defenders (GLAD) , Boston
    • 2:00 - 2:30 pm

      Masterpiece Cakeshop in the Workplace

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      How does the decision affect employeer and employer religious rights in the workplace? Does the focus on comments by decision-makers affect the "stray remarks" doctrine?
    • 2:30 - 3:00 pm

      Discussion: Where is the Line Now Drawn Between Civil Rights and the First Amendment? Where is the Case Headed? What Effect with the Newly Configured Court Have?

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      Panel

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  • Faculty

    Chair

    Faculty

    Gary D. Buseck, Esq., GLBTQ Legal Advocates & Defenders (GLAD), Boston
    Timothy J. Wilton, Esq., Suffolk University Law School, Boston
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