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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 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 on 6/4/18 at 10:03 am to Will Cover
it's shocking that it took the supreme court to actually let common sense prevail
Posted on 6/4/18 at 10:04 am to Will Cover
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 on 6/4/18 at 10:06 am to Will Cover
Just heard that. It's a good thing.
Posted on 6/4/18 at 10:06 am to Will Cover
Who were the dissenting votes?
RBG and...?
RBG and...?
Posted on 6/4/18 at 10:07 am to GEAUXT
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 on 6/4/18 at 10:07 am to Will Cover
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 on 6/4/18 at 10:07 am to Cosmo
quote:
RBG and...?
The Wise Latina (aka generally considered one of the worst appointments of the past 30 years)
Posted on 6/4/18 at 10:09 am to Will Cover
We desperately need a second Trump term to fix the appointments. The Judicial system is almost completely off the rails.
Posted on 6/4/18 at 10:13 am to RougeDawg
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 on 6/4/18 at 10:15 am to RougeDawg
quote:
We desperately need a second Trump term
Posted on 6/4/18 at 10:18 am to Will Cover
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 on 6/4/18 at 10:19 am to ell_13
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 on 6/4/18 at 10:19 am to rld280z
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 on 6/4/18 at 10:26 am to HollierThanThou
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 on 6/4/18 at 10:26 am to Will Cover
Why is 7-2 considered narrow?
Posted on 6/4/18 at 10:28 am to Will Cover
They're still assholes for refusing. No law against being an a-hole though
Posted on 6/4/18 at 10:29 am to Barstools
quote:
Why is 7-2 considered narrow?
As has been established, people are saying the decision itself is narrow, not the votes.
Posted on 6/4/18 at 10:29 am to Barstools
I am wondering if it refers to the decision being tailored to these facts. I thought the same thing.
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