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Supreme Court gives victory to baker who refused to make cake for gay wedding

Posted on 6/4/18 at 10:02 am
Posted by Will Cover
St. Louis, MO
Member since Mar 2007
38546 posts
Posted on 6/4/18 at 10:02 am
quote:

The opinion did not address the larger question of whether businesses can refuse to serve gay and lesbian customers.


quote:

WASHINGTON — The U.S. Supreme Court gave a boost to advocates of religious freedom Monday, ruling that a Colorado baker cannot be forced to make a cake for a same-sex wedding, in a case that involved marriage equality and protection from discrimination.

But the opinion was a very narrow one, applying to the specific facts of this case only. It gave no hint as to how the court might decide future cases involving florists, bakers, photographers and other business owners who have cited religious and free-speech objections when refusing to serve gay and lesbian customers in the wake of the Supreme Court's 2015 same-sex marriage decision.

In a 7-2 decision, the court said legal proceedings in Colorado showed a hostility to the baker's religious views. The ruling was written by Justice Anthony Kennedy, who wrote the Supreme Court's same-sex marriage decision.


quote:

The decision was a victory for Jack Phillips of Masterpiece Cake in Denver, who said his cakes are works of art and requiring him to bake them for same-sex weddings would force him to express a view that violated his religious beliefs. He runs his business guided by religious principles, closing on Sunday and refusing to make cakes containing alcohol or celebrating Halloween


Full Story


Posted by fallguy_1978
Best States #50
Member since Feb 2018
48548 posts
Posted on 6/4/18 at 10:03 am to
Finally some sanity in this world
Posted by GEAUXT
Member since Nov 2007
29246 posts
Posted on 6/4/18 at 10:03 am to
it's shocking that it took the supreme court to actually let common sense prevail
Posted by rld280z
Richmond, VA
Member since Mar 2018
142 posts
Posted on 6/4/18 at 10:04 am to
A business owner should have a say so over who he wants to do business with. He may find out down the road that this is detrimental to his bottom line and change his mind. The government does not need to be involved.
Posted by tiger91
In my own little world
Member since Nov 2005
36707 posts
Posted on 6/4/18 at 10:06 am to
Just heard that. It's a good thing.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120268 posts
Posted on 6/4/18 at 10:06 am to
Who were the dissenting votes?

RBG and...?
Posted by Fun Bunch
New Orleans
Member since May 2008
115847 posts
Posted on 6/4/18 at 10:07 am to
quote:

it's shocking that it took the supreme court to actually let common sense prevail




Just to be clear, and the OP touches on it, this decision does NOT decide the issue of whether a person can refuse to bake a cake for a gay couple/same sex wedding etc.

The ruling is specifically tailored to this case and has to do with the panels reviewing this sort of thing being openly hostile to the religious.

Basically, States have to narrowly tailor their laws on this sort of thing so that they are neutral when it comes to religion.
Posted by ell_13
Member since Apr 2013
85039 posts
Posted on 6/4/18 at 10:07 am to
It's not the "win" some people are making it out to be, fwiw. They only addressed his first amendment right in the context of a previous ruling. They have yet to rule on whether or not he can deny baking a cake for gays.
Posted by Fun Bunch
New Orleans
Member since May 2008
115847 posts
Posted on 6/4/18 at 10:07 am to
quote:

RBG and...?


The Wise Latina (aka generally considered one of the worst appointments of the past 30 years)
Posted by RougeDawg
Member since Jul 2016
5855 posts
Posted on 6/4/18 at 10:09 am to
We desperately need a second Trump term to fix the appointments. The Judicial system is almost completely off the rails.
Posted by fallguy_1978
Best States #50
Member since Feb 2018
48548 posts
Posted on 6/4/18 at 10:13 am to
quote:

We desperately need a second Trump term to fix the appointments. The Judicial system is almost completely off the rails.

Ginsburg will probably croak soon and Kennedy is rumored to be close to retirement.
Posted by Arkapigdiesel
Arkansas
Member since Jun 2009
13242 posts
Posted on 6/4/18 at 10:15 am to
quote:

We desperately need a second Trump term

Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/4/18 at 10:18 am to
quote:

He runs his business guided by religious principles, closing on Sunday and refusing to make cakes containing alcohol or celebrating Halloween


Well he's a weirdo, but the court got this right.

ETA:

Love that I'm getting downvotes for calling a guy that won't bake Halloween cakes a weirdo

This post was edited on 6/4/18 at 10:42 am
Posted by Fun Bunch
New Orleans
Member since May 2008
115847 posts
Posted on 6/4/18 at 10:19 am to
quote:

It's not the "win" some people are making it out to be, fwiw. They only addressed his first amendment right in the context of a previous ruling. They have yet to rule on whether or not he can deny baking a cake for gays.




Having now read the decision, I think its more of a win than people are making it out to be. It definitely paints States into a corner.
Posted by HollierThanThou
Member since Jan 2012
6209 posts
Posted on 6/4/18 at 10:19 am to
quote:

A business owner should have a say so over who he wants to do business with. He may find out down the road that this is detrimental to his bottom line and change his mind. The government does not need to be involved.



Its a real fine line tbh. Being able to say No to gays leans towards a breach of the customer's freedoms. Being forced to work with clients you choose not to leans towards a breach of a business owner's freedoms.

These types of cases should be immediately dismissed in places where reasonable accommodations can be met with a different seller. But what about small towns where there is THE baker/photographer/etc instead of many options?
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260562 posts
Posted on 6/4/18 at 10:26 am to
quote:

No to gays leans towards a breach of the customer's freedoms


You should be able to do business with any person you choose, and avoid business with any person you choose.

It's the basis of voluntary transactions.
Posted by Barstools
Atlanta
Member since Jan 2016
9424 posts
Posted on 6/4/18 at 10:26 am to
Why is 7-2 considered narrow?
Posted by Byron Bojangles III
Member since Nov 2012
51666 posts
Posted on 6/4/18 at 10:28 am to
They're still assholes for refusing. No law against being an a-hole though
Posted by Fun Bunch
New Orleans
Member since May 2008
115847 posts
Posted on 6/4/18 at 10:29 am to
quote:

Why is 7-2 considered narrow?


As has been established, people are saying the decision itself is narrow, not the votes.
Posted by Dizz
Member since May 2008
14733 posts
Posted on 6/4/18 at 10:29 am to
I am wondering if it refers to the decision being tailored to these facts. I thought the same thing.
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