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

Posted on 6/4/18 at 10:05 am to
Posted by Teddy Ruxpin
Member since Oct 2006
40858 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".


Again, they aren't saying the vote tally was narrow. Read the opinion.
Posted by NaturalBeam
Member since Sep 2007
14992 posts
Posted on 6/4/18 at 10:06 am to
Narrow refers to the issues upon which the case was decided, not the number of justices on each side. This actually was a narrow opinion.
Posted by BBONDS25
Member since Mar 2008
59466 posts
Posted on 6/4/18 at 10:06 am to
quote:

read the ruling


I read it. Lots of chastising the commission for their open hostility to religion. However, it was clear that forcing the baker to make the cake is considered a violation of his first amendment right. Isn't the the Crux of the issue?
This post was edited on 6/4/18 at 10:06 am
Posted by tigerpawl
Can't get there from here.
Member since Dec 2003
22628 posts
Posted on 6/4/18 at 10:06 am to
quote:

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

you are simply not getting this, are you?

Correct.
Posted by Westworld
SEC Country
Member since Mar 2018
643 posts
Posted on 6/4/18 at 10:06 am to
7-2 is narrowly?? Who's reporting the news these days? Seems like they're out of touch with reality...
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
29227 posts
Posted on 6/4/18 at 10:07 am to
quote:

7-2 decision:


quote:
politico


quote:
narrowly


The narrowness wasn't in the margin of the votes, but in the scope of the ruling. Read the article.

"But the court did not issue a definitive ruling on the circumstances under which people can seek exemptions from anti-discrimination laws based on their religious views.

The commission had said Phillips violated the Colorado anti-discrimination law that bars businesses from refusing service based on race, sex, marital status or sexual orientation by rebuffing gay couple David Mullins and Charlie Craig in 2012."
This post was edited on 6/4/18 at 10:08 am
Posted by Salmon
I helped draft the email
Member since Feb 2008
86188 posts
Posted on 6/4/18 at 10:07 am to
quote:

However, it was clear that forcing the baker to make the cake is considered a violation of his first amendment right. Isn't the the Crux of the issue?


Yes but that isn't what was decided today

Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
51710 posts
Posted on 6/4/18 at 10:07 am to
quote:

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


I'm a law student, so I'm used to digesting opinions quickly.
Posted by buckeye_vol
Member since Jul 2014
35381 posts
Posted on 6/4/18 at 10:08 am to
quote:

I read tigerdroppings, so I'm used to digesting opinions quickly.
Fixed it for you.

Edit: Wasn’t implying you weren’t law student though.
This post was edited on 6/4/18 at 10:12 am
Posted by NaturalBeam
Member since Sep 2007
14992 posts
Posted on 6/4/18 at 10:08 am to
quote:

I'm a law student, so I'm used to digesting opinions quickly
What year? It may not be too late to quit and make something useful of yourself
Posted by Teddy Ruxpin
Member since Oct 2006
40858 posts
Posted on 6/4/18 at 10:08 am to
quote:

However, it was clear that forcing the baker to make the cake is considered a violation of his first amendment right.


The Supreme Court didn't decide this at all.

quote:

Isn't the the Crux of the issue?



It is, but the court didn't decide on that today. There are future cases that will.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86188 posts
Posted on 6/4/18 at 10:08 am to
quote:

Correct


I'm sure there have been plenty of rulings that were narrow in scope that were described as narrow.

Yes.

You are making a fool of yourself right now.
Posted by BBONDS25
Member since Mar 2008
59466 posts
Posted on 6/4/18 at 10:09 am to
quote:

Yes but that isn't what was decided today


Hmmm. I read it differently.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
89042 posts
Posted on 6/4/18 at 10:09 am to
quote:

Poor old Ballcaster was just sooooooooooo sure.


Whatever happened to that twerp anyway?
Posted by Salmon
I helped draft the email
Member since Feb 2008
86188 posts
Posted on 6/4/18 at 10:11 am to
quote:

Hmmm. I read it differently


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.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 6/4/18 at 10:11 am to
quote:

Yes but that isn't what was decided today



Well. I mean. Good luck trying to stop someone from exercising their right to say no now without violating his first amendment rights.

Sheesh.
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
51710 posts
Posted on 6/4/18 at 10:12 am to
quote:

Fixed it for you.

Nah, I went and skimmed through the actual opinion and read analysis from lawyers. Ya know, like a law student would do.
Posted by Teddy Ruxpin
Member since Oct 2006
40858 posts
Posted on 6/4/18 at 10:12 am to
Posted by NaturalBeam
Member since Sep 2007
14992 posts
Posted on 6/4/18 at 10:12 am to
Yeah, I read it as the Court is only imposing a duty on the commission to take the baker's religious objections as sincere and treat them neutrally. They were obviously hostile toward him.

But they didn't say that the outcome couldn't be the same once his objections are considered. The dissent makes a pretty good point that refusing to sell a generic, no pro- or anti-message cake, to a gay couple would be a clear violation of the law.
Posted by BlackPawnMartyr
Houston, TX
Member since Dec 2010
16312 posts
Posted on 6/4/18 at 10:12 am to
.
This post was edited on 6/4/18 at 10:50 am
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