Our country was founded on Inalienable rights to all citizens such as life, liberty, and property. By virtually being alive one possess these rights and NO MAN has the power to take them away from an individual.
“The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. They are written, as with a sun beam, in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.”--Alexander Hamilton
Civil rights however, stem from society such as the freedom of the press, the right to vote, or the right to a trial by jury......are rights granted by governments to allow citizens the proper enjoyment of their natural rights. For example, you cannot enjoy your natural right to liberty if the government denies you the right to vote nor can you enjoy your right to property if the government takes it from you to give to another. It doesn't take a constitutional law professor to point out how our natural rights would be jeopardized if civil rights were infringed. Nor is it hard to grasp to see that a state law has the potential to violate the constitutional rights of others and through the courts can be challenged.
The First Amendment contains two clauses about the Freedom of Religion. The first part is known as the Establishment Clause, and the second as the Free Exercise Clause.
The Establishment Clause prohibits the government from passing laws that will establish an official religion or preferring one religion over another. The courts have interpreted the establishment clause to accomplish the separation of church and state. The Free Exercise Clause prohibits the government from interfering with a person’s practice of his or her religion. However, religious rituals can be limited by civil and federal laws. Religious freedom is an absolute right, and includes the right to practice any religion of one’s choice, or no religion at all, and to do this without government control.
In the case of the baker in Colorado, the judge denied the baker his constitutional rights in regard to property and the Free Exercise clause which prohibits the government from interfering with a person's practice of his or her religion. Discrimination laws are important but when one violates the constitutional rights of another they are unlawful. If you are going to talk equality sir, then you must also apply it to all having equal treatment under the law. The First Amendment clearly comes into play in this case raising the question of whether an artist or craftsman can be compelled by the government to create objects against his or her wishes. The saddest part of this case is the judge's ruling citing "hurt feelings to others" as a reason to trump a business owner's right to property and right to practice his religious beliefs. Sir, there is a reason why legal experts agree these types of cases are headed to the Supreme Court because when a discrimination law results in discrimination of others it's bad law.
