I asked you several weeks ago to begin thinking about the relationship of business entities to the constitution. Specifically, I asked whether businesses, like individuals, should enjoy all the constitutional limitations against government intrusion. If not, why not? What makes business different than an individual? If so, why so? What makes business similar to individuals?

The purpose for that “exercise” was for the last assignment in the course. (Can you believe you are already at the last assignment?). You are to assume one role in this scenario, either the role of a business, or the role of a potential customer.

The scenario is as follows. An artist’s studio (a business open to the public) is owned by several individuals who are devout Christians. The place has numerous religious symbols that decorate the studio as well as literature and New Testament scripture written on the walls in decorative script. The business can fairly be classified as a partnership. The main service provided by the studio is to paint portraits of individuals or families. In the local area, no other studio performs that work and that studio is well known for its high quality paintings/portraits. A typical painting requires a customer sitting to be scheduled several weeks in advance, and the sitting lasts several hours. After the sitting the painting is finished later (with background and other details added in after the necessary customer details are painted. Typical portraits range in price from $500 to $1500.00. On the contract signed by every customer, all portraits have the name of the studio printed on the lower corner of the portrait along with the name of the artist and a copyright notice.

The studio is requested by a potential customer to paint a portrait of her and her spouse (also a female). The studio refuses to perform the work on religious grounds, stating that none of the owners and none of the artists believe in same-sex marriage and do not want their name to be associated with the painting as it might imply endorsement or approval of something they do not believe in. The same sex couple sues, demanding the court order the artists to paint the portrait.

Discuss in a minimum 2-page paper the legal issues presented and how you think a court would resolve the issues. The paper should be written in 12-point font, no more than double spaced, with 1” margins. Papers that are any less than a full 2 pages will not receive full credit.

I am looking for your legal analysis on how the “free exercise” clause of the U.S. Constitution applies (or doesn’t) to business. I dont want conclusions without reasoning. There is no “right” answer to this as the Supreme Court has not addressed this issue yet. You wont get penalized for taking a position one way or the other. You will get penalized for not giving me a reasoned analysis.