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1.) Thesis
The Supreme Court rulings in Masterpiece Cake Shop v. Colorado Civil Rights
Commission and Obergefell v. Hodges highlight a difficult and changing conflict between
personal liberty—especially religious freedom—and the legal quest for3equality. These rulings
expose the difficulties of juggling conflicting constitutional rights in a pluralistic society,
therefore exposing a country struggling with its past while negotiating the complexity of the
twenty-first century.
2.) Direction of Paper
This paper will explore, using the Obergefell and Masterpiece Cake Shop cases, the
intersection of constitutional law and religious liberty. Analyzing these rulings in the context of
American constitutional and religious history may help one to see how the Court's interpretations
have formed an understanding of personal rights and the role of government in preserving them.
The research will also take into account the broader implications of these decisions for today's
society, including the continuous arguments concerning the connection between religion and
law, the definition of equality, and the boundaries of personal conscience.
3.) Outline
I. Case Analysis
A. Obergefell v. Masterpiece Cake Shop
1. Factual background and legal question
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2. Majority and dissenting opinions
B. Masterpiece Cake Shop v. Colorado Civil Rights Commission
1. Factual background and legal question
2. Majority and dissenting opinions
II. Constitutional and Religious Liberty Framework
A. Historical Development and Religious Liberty
1. Colonial era to the First Amendment
2. 19th and 20th century developments
B. Evolution of Constitutional Interpretation
1. Strict scrutiny, intermediate scrutiny, and rational basis
2. Balancing competing constitutional rights
III. Conclusion
A. Summarize key findings and arguments.
B. Assess the broader implications of the cases for the future of religious liberty
and constitutional law.
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4.) Sources
Drakeman, D. L. (2016). Religion and the American Constitutional Experiment. By John Witte,
Jr., and Joel A. Nichols. 4 th ed. A Journal of Church and State.
https://doi.org/10.1093/jcs/csw105
Richard, A. W. (2019). HATE: Why We Should Resist it with Free Speech, Not Censorship by
Nadine Strossen (review).Human Rights Quarterly,41(1), 213-217.
https://go.openathens.net/redirector/liberty.edu?url=https://www.proquest.com/scholarly-
journals/hate-why-we-should-resist-with-free-speech-not/docview/2177205985/se-2
Fraenkel, O. K. (1963). The Supreme Court and civil liberties : how the Court has protected the
Bill of rights (2d ed.). Published for the American Civil Liberties Union, Oceana
Publications.
Sullivan, K. M., & Gunther, G. (2007). First amendment law (3rd ed.). Foundation Press.
Hall, K. L. (2002). The Oxford companion to American law. Oxford University Press.
