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re: SCOTUS Says You Don't Have To Bake That Gay Cake

Posted on 6/4/18 at 10:01 am to
Posted by 88Wildcat
Topeka, Ks
Member since Jul 2017
16989 posts
Posted on 6/4/18 at 10:01 am to
Yeah, I may have to mark this one down to outright sloppy reporting in a how does this sound when it is actually read out loud type of way rather than media bias. Seems like they could have used a better word than narrow if they are discussing the technical aspects of the decision rather than how the vote went. Seems like something such as "rules procedurally in favor of" would have been less confusing when reading the headlines.
Posted by OTIS2
NoLA
Member since Jul 2008
52556 posts
Posted on 6/4/18 at 10:01 am to
It is AWESOME that the rule of law is being restored in our country!!
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/4/18 at 10:01 am to
So, is there another case with the SC that actually will determine whether they can refuse service?
Posted by Fun Bunch
New Orleans
Member since May 2008
130265 posts
Posted on 6/4/18 at 10:01 am to
quote:

The government, consistent with the Constitution’s guarantee of free exercise, cannot impose regulations that are hostile to the religious beliefs of affected citizens and cannot act in a manner that passes judgment upon or presupposes the illegitimacy of religious beliefs and practices.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86188 posts
Posted on 6/4/18 at 10:02 am to
quote:

The wording here is deplorable.


to flip it around

quote:

3 years after same-sex marriage ruling, protections for the 1st amendment strengthened
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
51710 posts
Posted on 6/4/18 at 10:02 am to
I'll temper the excitement by saying that the Court's decision in this case is narrow. Read this from the live updates on SCOTUSBlog:

quote:

One version of the question presented in Masterpiece is: "Does the Constitution give wedding cake bakers a right to refuse service to homosexual couples on the basis of a religious objection, even if a State generally prohibits discrimination in public accommodations on the basis of sexual orientation." That is the "Right not to bake a cake" version. The Court does not answer that question. Instead it holds that the way the Colorado commission considered Mr. Phillips' case showed substantial hostility toward religion. That preserves the possibility that a State could enact a law prohibiting discrimination against homosexual couples and constitutionally apply it to a baker who refused service to a gay couple.


SCOTUSBlog

In other words, it isn't totally decided whether or not one who provides commercial wedding services can choose not to provide those services to a same-sex wedding. This ruling does not totally prevent a state from passing a law requiring those who provide commercial wedding services (bakers, florists, etc.) to have to provide those services to same-sex couples. I would expect that such a law would have to be narrowly tailored to allow a baker to freely exercise his religion (i.e. not bake a wedding cake for a same-sex wedding) without allowing him to refuse service overall to gay people.

TL;DR - The ruling of this case is narrow, the issue of whether businesses can refuse services to same-sex weddings on the basis of religious objection still isn't "answered."
This post was edited on 6/4/18 at 10:06 am
Posted by ZappBrannigan
Member since Jun 2015
7692 posts
Posted on 6/4/18 at 10:02 am to
If you're actually reading what's being reported. It's being sold as narrow because the ruling doesn't have an effect on anything beyond the case yet.

Wait for more information to come.

Posted by Teddy Ruxpin
Member since Oct 2006
40858 posts
Posted on 6/4/18 at 10:02 am to
quote:


So, is there another case with the SC that actually will determine whether they can refuse service?


I believe there are a few working their way up that would actually decide that issue.
Posted by Taxing Authority
Houston
Member since Feb 2010
63332 posts
Posted on 6/4/18 at 10:03 am to
quote:

Huge day for religious freedom
Posted by Teddy Ruxpin
Member since Oct 2006
40858 posts
Posted on 6/4/18 at 10:03 am to
quote:

USA Today headline: 3 years after same-sex marriage ruling, protections for LGBT families undermined

The wording here is deplorable. "Protection" is an absolutely ridiculous term to use in this instance.


Ya that's bad considering nothing g has changed about the refusal of service question at all in that decision.

Looks like everyone is misconstruing this holding. But that's naive.

Everyone is playing politics with it.
This post was edited on 6/4/18 at 10:05 am
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 6/4/18 at 10:04 am to
quote:

List of sites who use the word narrowly in describing the SC decision.

Politco
CNN
CNBC
(Holy hell) Fox News
NPR
NBC News
Washington Post

USA Today used divided to describe the decision (technically correct but to a degree still misleading)

The only major sources I've seen so far that did not use narrowly (other than USA Today) are the New York Times and the New York Post.

which should tell you that they all just used/rewrote the Associated Press wire story

further confirmation of this simply from this 1 tweet

quote:

The Associated Press @AP
Supreme Court rules narrowly for Colorado baker who wouldn't make same-sex wedding cake.


that's pretty much how media works nowaday for general news stories... the Associated Press sends it out on its wire services... news stations run the AP story or re-word the AP story

that's what has happened here
Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 6/4/18 at 10:04 am to
During pride month?

The horror!
Posted by Salmon
I helped draft the email
Member since Feb 2008
86188 posts
Posted on 6/4/18 at 10:04 am to
quote:

Looks like everyone is misconstruing this holding.


*makes shocked face
Posted by tigerpawl
Can't get there from here.
Member since Dec 2003
22628 posts
Posted on 6/4/18 at 10:04 am to
quote:

seriously people

"narrow" perfectly describes the ruling

stop melting over this
Therefore, there were other 7-2 or 8-1 rulings that were also described as "narrowly".
Posted by CarrolltonTiger
New Orleans
Member since Aug 2005
50291 posts
Posted on 6/4/18 at 10:04 am to
The reality is the decision was very limited or narrow.


quote:

The justices' limited ruling Monday turns on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips. The justices voted 7-2 that the Colorado Civil Rights Commission violated Phillips' rights under the First Amendment.
Posted by navy
Parts Unknown, LA
Member since Sep 2010
32164 posts
Posted on 6/4/18 at 10:04 am to
People have refused customers for decades.

Posted by thetigerman
Fear and Loathing in Las Vegas
Member since Sep 2006
3630 posts
Posted on 6/4/18 at 10:04 am to
At last I can sleep at night!
Posted by FinebaumsHair
Monroe, La
Member since Aug 2017
3001 posts
Posted on 6/4/18 at 10:05 am to
Damn it is great to be a Trump American
Posted by Salmon
I helped draft the email
Member since Feb 2008
86188 posts
Posted on 6/4/18 at 10:05 am to
quote:

Therefore, there were other 7-2 or 8-1 rulings that were also described as "narrowly".


you are simply not getting this, are you?
Posted by ZappBrannigan
Member since Jun 2015
7692 posts
Posted on 6/4/18 at 10:05 am to
This guy fricks (and reads).

Thanks for the info. Scotusblog is a chore on my phone.
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