The Colorado Civil Rights Commission, evaluating the case under the state's anti-discrimination law, the Colorado Anti-Discrimination Act, found that the bakery had discriminated against the couple and issued specific orders for the bakery. [9]:3[original research? Quoting previous free-speech cases, he says: Forcing Phillips to make custom wedding cakes for same-sex marriages requires him to, at the very least, acknowledge that same- sex weddings are “weddings” and suggest that they should be celebrated—the precise message he believes his faith forbids. [12], In further filings, Masterpiece requested that the Colorado anti-discrimination law be reviewed by the Supreme Court under strict scrutiny. He concludes: “In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world.
So three justices agree with the baker on the merits and four don’t. The case was supposed to be a 5-4 decision, as all nearly all the same-sex marriage decisions have been. What, if …
Comm'n, Zauderer v. Off. If “sincere religious belief” allows discrimination against Craig and Mullins, it’s hard to see how any discrimination law stands up. Scardina complained to the Colorado Division of Civil Rights, which found in June 2018 sufficient evidence that the bakery discriminated against her transgender status, and ordered the parties into compulsory mediation. ADF attorneys filed suit on behalf of a Virginia wedding and special-event photographer challenging a Virginia Law, Alliance Defending Freedom attorneys represent two churches, three schools, and a pregnancy center network in challenge to a Virginia law, ADF files lawsuit on behalf of Seattle-area congregation. [31], Justice Clarence Thomas wrote another opinion, concurring in part and concurring in judgment, joined by Gorsuch. … Only one way forward now remains. [13] They further argued that the cakeshop could provide catchall language to explain that any services they provide do not endorse any expressions of free speech associated with it, an allowance within the anti-discrimination law.
Kennedy’s opinions were murky, and lower-court judges disagreed about what they meant. Technically, the Supreme Court ruled in favor of the baker. The kind of sweeping decision Thomas, Gorsuch, and Alito want won’t look good in five or ten years.
The case dealt with Masterpiece Cakeshop, a bakery in Lakewood, Colorado, which refused to provide a wedding cake to a gay couple based on the owner's religious beliefs.
Roberts’ thinking is usually subtle and often hidden. Phillips also wouldn’t sell a “cake celebrating same-sex marriage” to Craig’s mother, who is straight, so he’s not just refusing to sell to gays.
Phillips didn’t want to be forced to act against what he saw as his religious convictions.
[30] Justice Gorsuch also wrote a concurring opinion, joined by Alito. Ginsburg is much more liberal than Kennedy, but you’ll never find that kind of mushiness in her opinions.
[4][3] Colorado is one of twenty-one U.S. states that include sexual orientation as a protected class in their anti-discrimination laws. If you read the full TODAY.com article, you’ll find that the stories of these two cake artists are more similar than the headline would have you believe. The Court did not rule on the broader intersection of anti-discrimination laws, free exercise of religion, and freedom of speech, due to the complications of the Commission's lack of religious neutrality. In a footnote, Ginsburg-Sotomayor also tear up Thomas’ free-speech argument: A message may be in Phillips’ mind, but it isn’t in the cake unless other people can see it there.
He further identified that while the state's law is to assure that same-sex couples had access to the same services as heterosexual couples, the law goes too far in its enforcement, since Craig and Mullins were easily able to obtain a wedding cake from a different vendor in the state.
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That is why same-sex marriage cases kept going to the Supreme Court. But it didn’t endorse any of the larger points he raised.
Seven justices looks like a solid majority for the conservative side, but four of the seven are only citing procedural reasons for objecting to the Commission’s ruling, and not saying they should have ruled in the baker’s favor. They went to Masterpiece Cakeshop to order a custom-designed wedding cake, but the owner, Jack Phillips, refused to discuss it with them. What next? If courts let them get away with this dodge, anti-discrimination laws will be toothless. You’ve probably already heard the basics of the case: In 2012, before same-sex marriage was legal in their state, Charlie Craig and David Mullins were planning to get married in Massachusetts, and then have a wedding reception back home in Colorado.
Having failed to afford Mr. Phillips’s religious objections neutral consideration and without any compelling reason for its failure, the Commission must afford him the same result it afforded the bakers in Mr. Jack’s case.
Who won the Masterpiece Cakeshop case? [1]That’s not what happened.
Thomas. Leviticus 18:2” on the other. In the Phillips case the only problem was in the use of the cake and who was using it. But you may have noticed a problem in the Gorsuch-Alito reasoning. Craig and Mullins sued under Colorado’s anti-discrimination law, and they won at every level. Masterpiece's owner Jack Phillips, who is a Christian, declined their cake request, informing the couple that he did not create wedding cakes for marriages of gay couples owing to his Christian religious beliefs, although the couple could purchase other baked goods in the store. "[7][failed verification], Masterpiece appealed the decision to the Court of Appeals with the aid of Alliance Defending Freedom, and refused to comply with the state's orders, instead opting to remove themselves from the wedding cake business;[4] Phillips claimed that this decision cost him 40% of his business. [54] In June 2019, Scardina, represented by attorneys Paula Greisen and John McHugh, brought civil suit against Phillips in federal district court on the perceived discrimination. Gorsuch indicated the Commission should maintain consistency among similar cases. Kennedy wants this case to go away. [3] This kind of writing also drives social conservatives nuts.
Also, he knows that the wind is blowing against him here.
Strange word choice in third paragraph: “We everybody expected.” ??? Recording of oral arguments before the Supreme Court. [35][original research?
Ginsburg believed that the Commission acted fairly in evaluating the case, saying "what critically differentiates them is the role the customer’s 'statutorily protected trait,' played in the denial of service".
Justices Gorsuch and Alito (with Gorsuch writing for both of them) believe that the Colorado Civil Rights Commission has itself discriminated against Phillips because of its hostility to his religious views. Nevertheless, while those religious and philosophical objections are protected, it is a general rule that such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law. Will he say no? In both cases, the effect on the customer was the same: bakers refused service to persons who bore a statutorily protected trait (religious faith or sexual orientation).
The merits of the case matter more than any procedural errors the Commission may have made. Following appeals within the state that affirmed the Commission's decision, the bakery took the case to the U.S. Supreme Court. So Phillips appealed to the Supreme Court. [3][2]:1–2, While another bakery provided a cake to the couple, Craig and Mullins filed a complaint to the Colorado Civil Rights Commission under the state's public accommodations law, the Colorado Anti-Discrimination Act, which prohibits businesses open to the public from discriminating against their customers on the basis of race, religion, gender, or sexual orientation.
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