Eighth Circuit: Game Back On For Minnesota Religious-Liberty Videography CaseDo anti-discrimination laws trump free speech and religious expression? The Eighth Circuit, taking its cues from three recent Supreme Court decisions, has revived a lawsuit brought by videographers against Minnesota’s interpretation of its Minnesota Human Rights Act (MHRA). In a 2-1 decision, the panel ordered the district court to reconsider its previous dismissal and heavily hinted that a temporary injunction against enforcement of the MHRA is appropriate:
In a 2-1 decision, the 8th U.S. Circuit Court of Appeals in St. Paul, Minnesota, said Angel and Carl Larsen can pursue claims that the law violates their constitutional rights to free speech and to freely exercise their religious beliefs.
It ordered U.S. District Judge John Tunheim in Minneapolis, who had dismissed the lawsuit in September 2017, to decide whether the Larsens and their company, Telescope Media Group, deserve a preliminary injunction barring enforcement of the law. …
Constitutionally recognized rights trump statutorily created "rights". In this, like similar cases, the statutorily created "rights" were actually back-door assaults on a Constitutionally recognized right.
