Posted by Curt on 4 June, 2018 at 12:47 pm. 7 comments already!


The Court, unfortunately, did not rule that the Bake Me a Cake, Bigot law was itself unconstitutional, only that the members of the Colorado Civil Rights Commission showed a “hostility” and “animus” to religion that made this particular decision invalid.

The Supreme Court sided with a Colorado baker on Monday in a closely watched case pitting gay rights against claims of religious freedom.

Justice Anthony M. Kennedy, writing for the majority in the 7-2 decision, relied on narrow grounds, saying a state commission had violated the Constitution’s protection of religious freedom in ruling against the baker, Jack Phillips, who had refused to create a custom wedding cake for a gay couple.

“The neutral and respectful consideration to which Phillips was entitled was compromised here,” Justice Kennedy wrote. “The Civil Rights Commission’s treatment of his case has some elements of a clear and impermissible hostility toward the sincere religious beliefs that motivated his objection.”

The Supreme Court’s decision, which turned on the commission’s asserted hostility to religion, strongly reaffirmed protections for gay rights and left open the possibility that other cases raising similar issues could be decided differently.”The outcome of cases like this in other circumstances must await further elaboration in the courts,” Justice Kennedy wrote, “all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.”

Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Samuel A. Alito Jr., Elena Kagan and Neil M. Gorsuch joined the majority opinion. Justice Clarence Thomas voted with the majority but would have adopted broader reasons.

Note that Hawaiian Judges have previously ruled that Trump’s alleged animus and hostility to Muslims makes his travel ban unconstitutional, even though such measures are generally constitutional.

Read more

0 0 votes
Article Rating
Would love your thoughts, please comment.x