Another Supreme Court victory!
Remember the Colorado baker who refused to make a wedding cake for a gay wedding because it violated his conscience and was contrary to his Christian beliefs? The Supreme Court just ruled in the bake shop’s favor!
In a 7-2 decision, the justices set aside a Colorado court ruling against the baker — while stopping short of deciding the broader issue of whether a business can refuse to serve gay and lesbian people.
The narrow ruling focused on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips.
“The Commission’s hostility was inconsistent with the First Amendment’s guarantee that our laws be applied in a manner that is neutral toward religion,” Justice Anthony Kennedy wrote in his majority opinion.
At issue was a July 2012 encounter. At the time, Charlie Craig and David Mullins of Denver visited Masterpiece Cakeshop to buy a custom-made wedding cake. Phillips refused his services when told it was for a same-sex couple. The state civil rights commission sanctioned Phillips after a formal complaint from the gay couple.
Phillips said the entire controversy affected his business.
The court in December specifically examined whether applying Colorado’s public accommodations law to compel the local baker to create commercial “expression” violated his constitutionally protected Christian beliefs about marriage.
By wading again into the culture wars, the justices had to confront recent decisions on both gay rights and religious liberty: a 2015 landmark opinion legalizing same-sex marriage nationwide and a separate 2014 decision affirming the right of some companies to act on their owner’s faith by refusing to provide contraception to its workers.
The Trump administration agreed with Phillips’ legal claims to a large extent. Attorney General Jeff Sessions in October issued broad guidance to executive branch agencies, reiterating the government should respect religious freedom, which in the Justice Department’s eyes extends to people, businesses and organizations.
“It’s not about turning away these customers, it’s about doing a cake for an event — a religious sacred event — that conflicts with my conscience,” he said.
Bingo. And the Supreme Court ruled in his favor, 7-2.
“The Colorado Civil Rights Commission’s consideration of this case was inconsistent with the State’s obligation of religious neutrality. The reason and motive for the baker’s refusal were based on his sincere religious beliefs and convictions,” Justice Anthony Kennedy wrote in the majority opinion.
In a narrow ruling, US Supreme Court gives victory to Colorado baker who argued that he should not be compelled to make a cake for a same-sex wedding, in a case that pitted freedom of religion against marriage equality and protection from discrimination. https://t.co/fZqP4p8KLH
— NBC News (@NBCNews) June 4, 2018
Excuse me NBC, but on what planet is 7-2 a “narrow ruling”?
Supreme Court sides with baker who refused to create a wedding cake for a gay couple. The decision was narrow, turning on a state civil rights commission failure to act with “religious neutrality.”
— Adam Liptak (@adamliptak) June 4, 2018
OMG IT’S NOT NARROW.
Supreme Court rules narrowly for Colorado baker who wouldn’t make same-sex wedding cake. https://t.co/ZSqp0u6qnA
— The Associated Press (@AP) June 4, 2018
WTH???
#SCOTUS sides with Colorado baker who refused to make wedding cake for same-sex couple https://t.co/15ULbC5IEs pic.twitter.com/fyxLZ3YCSI
— Fox News (@FoxNews) June 4, 2018
Not. Narrow.
h/t Fox News