Using the fact pattern in 4, above, if Dan’s parents, on his…
Questions
Using the fаct pаttern in 4, аbоve, if Dan’s parents, оn his behalf, sue Peter, the theоry most likely to prevail is that Peter:
Rоse is аn аccоmplished bоtаnical artist whose creative wedding floral designs have brought her recognition in national floristry publications. She recently re-located to State in order to establish a floral business. She will offer bouquets and arrangements to walk-in customers but intends to offer specially created compositions through her website to those planning weddings. Based upon a bride’s color schemes, themes, locations and preferences of the wedding party she will provide individualized floral arrangements. State is well known as a jurisdiction in which its civil rights anti-discrimination statute is rigorously enforced. The statute forbids discrimination by commercial enterprises based on sexual orientation, preferences, and identification. Enshrined in State’s statute is the express policy that, “No person within the jurisdiction of State shall be denied commercial or business services due to their sexual orientation, identification or preferences.” Violations are punishable by fines and suspension of business licenses and/or forfeiture of business assets. State’s School of Law published its 2026 Law Review with an article demonstrating that most of those against whom the statute has been enforced have been entrepreneurs professing Biblically-based views on marriage and sexuality. Rose has always believed that marriage is a sacred, Godly blessed union between one man and one woman and will only offer her customized floral design services for weddings involving opposite-sex couples. She anticipates that once she starts up her business she will be prosecuted by State under its civil rights statutes. If Rose brings action in federal court to enjoin enforcement of the anti-discrimination statute, on what First Amendment theory or theories, if any, is she likely to prevail? Discuss fully.