Civil Rights vs. Religious belief

As an IP lawyer, while reading, I have come across one very recent interesting case of U.S. Court. The issue involved in this case reached to U.S. Supreme Court., has been argued out and is pending for decision.  I would like to discuss that case in this article.

This case  Masterpiece Cake shop Vs. Colorado Civil Rights Commission is related to design of marriage cake for gay couple and religious belief of masterpiece cake shopkeeper. Denial for making a cake for gay couple on the basis of religious belief invokes the litigation between the said parties on the basis of discrimination and violation of civil rights. The same-sex wedding couple filed a complaint before Colorado (a State in U.S.)  Civil Right Commission alleging that the cake shopkeeper Mr. Philips violated their civil rights by refusing them to provide their wedding cake.  The Colorado Civil Right Commission passed an Order in favour of that same-sex couple and against the cake shopkeeper holding that Mr. Philips had violated the Colorado Anti- Discrimination Act (CADA).  Against the Order passed by Civil Right Commission of Colorado, the response of cake shopkeeper was that CADA was not applicable to him as it was violation of his constitutional right to of freedom of speech and religious belief as he is Christian.

This case becomes talk of the town in among legal community and among general public at large in United States.  Various opinions have been delivered from every corner of legal world for this case as the issue involved in this case becomes a battle of rights of both the parties. For gay marriage couple, it is a violation of their gay rights and for the cake shopkeeper, it is violation of his constitutional rights and religious belief.

The question is that once Gay marriage is legalized, can anybody refuse like Cake shopkeeper refuse them to provide marriage cake in the name of religious belief and violation of freedom of speech, a Constitutional right? If Yes, then what about the discrimination faced by that Couple as discrimination is violation of civil law. This battle is in respect of law vs. religious belief.  This is  probablyfor the first time  U.S. Supreme Court  has come across such issue. In the Country like Unites States, if such type of case is happened, then it is nothing new or astonishing, if anything happens in India or any other country where the religious belief is at paramount stage.

My concern is why should we human beings make laws and why should we bind ourselves with certain belief, whatever the belief may be, irrespective of religion or political or social ? The creation of laws is to maintain the human life in its best manner. Laws are always helpful to humanity and they are never harmful. In the present case, it is law which prohibits discrimination and it is law which prohibits constitutional rights. In respect of the present case, the issue is not of denial of providing cake, denial of cake is very small issue which creates a big issue like discrimination against gay couple and violation of constitutional rights of shopkeeper in this case.

Keeping the facts of the case in mind, the issues are (1) whether denial for providing cake to gay couple for their marriage is amount to their violation of civil rights in the name of discrimination? (2) Whether a cake shopkeeper can be compelled to provide cake or compelled to give damage to the gay couple? (3) Whether a true religious belief has no value in the eyes of law? (4) Whether Law always prevails over true religious belief? As both law and true religion make the human perfect and peaceful  leading the people on the right path of life.

Chirag Bhatt

IP Lawyer

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