aside Breaking News: Supreme Court Sides With Baker Who Refused To Bake A Cake For Same Sex Couple

Image result for wedding cake baker supreme court same sex case
JACK PHILLIPS/ COLORADO BAKER

The US Supreme Court has ruled with (7-2 verdict ) in favor of the baker who had refused to bake a wedding cake for a same sex couple getting married on the basis that same-sex marriages were counter to his religious beliefs. His attorneys argued along the lines that his freedom to express his art in the creation of his cakes, was impinged to where his right to free speech was being compromised.  In addition, the baker claimed that he experienced anti-Christian animus by a regulator (the Colorado Civil Rights Commission)  who declined to apply the anti discrimination statute, fairly to both sides.

The court held that the Colorado Civil Rights Commission had not adequately taken into account the religious beliefs of the baker. In fact, Justice Kennedy commented, the commission had been hostile to Baker’s faith, denying him the neutral consideration he deserved.

The two dissenting opinions were from the Justices Ruth Bader Ginsberg and Samuel A. Alito.

Image result for wedding cake baker supreme court same sex case

According to a CNN News flash on this day of the 4th of June, 2018, the supreme court ruling seems to be so narrowly construed that it is inevitable that there will be another similar case to be reviewed by the US Supreme Court.

See: Justices Sharply Divided in Gay Rights Case – NYT

Lawrence Tribe, Harvard Law professor and author tweeted, “the Justice Kennedy’s narrow 7-2 Court opinion for the baker invoked anti-Christian animus by a regulator who declined to apply the anti discrimination statute. Let’s see if Kennedy and the other six Justices invoke Trump’s overt anti-Muslim animus to strike down his travel ban.”

Here’s the rest of the story…

On June 4, 2018, Richard Wolf of the Coloradoan penned the following report, “Supreme Court sides with Colorado baker on same-sex wedding cake”

Excerpts:

“A divided Supreme Court on Monday absolved a Colorado baker of discrimination for refusing to create a custom wedding cake for a same-sex couple.”

“The verdict criticized the state’s treatment of Jack Phillips’ religious objections to gay marriage, ruling that a civil rights commission was biased against him.”

Dave Mullins and husband Charlie Craig, who sued a Colorado bakery for refusing to make a cake for their same-sex nuptials.Brennan Linsley/AP

“The decision did not resolve whether other opponents of same-sex marriage, such as florists and photographers, can refuse commercial wedding services to gay couples.”

“Justice Anthony Kennedy wrote the court’s 7-2 decision against the same-sex couple, departing from his long history of opinions in favor of gay rights dating back a generation. Included among them was the court’s 2015 decision legalizing gay marriage nationwide.”

“The outcome of cases like this in other circumstances must await further elaboration in the courts,” Kennedy said. “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.”

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“Kennedy reasoned that Phillips, in refusing to create a same-sex wedding cake, had good reason to believe he was within his rights. State law at the time allowed merchants some latitude to decline specific messages, such as those demeaning gay people and gay marriages.”

“The government cannot impose regulations hostile to citizens’ religious beliefs, the ruling said.”

“During oral argument in December, Kennedy and other conservative justices had expressed concern about the potential effect on other merchants with strong religious objections to same-sex marriage, from chefs to florists.”

Image result for wedding cake baker supreme court same sex case

“The five-year-old legal battle between Phillips and customers Charlie Craig and David Mullins represented a test between the Constitution’s guarantees of free speech and religion and laws in 22 states prohibiting discrimination against the LGBT community.

“Phillips, 62, owner of Masterpiece Cakeshop, was fighting for the rights of “creative artists” to choose what they will sell. Craig, 37, and Mullins, 33, were fighting for the rights of LGBT customers to choose what they will buy.”

“Craig and Mullins won before the Colorado Civil Rights Commission and the state Court of Appeals, thanks to the state’s inclusion of sexual orientation in its anti-discrimination law. Twenty-one other states have similar laws.”

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“But the Supreme Court, bolstered last April by the addition of stalwart conservative and  fellow Coloradan Neil Gorsuch, represented a tougher test.”

“The high court had weighed in twice before on the subject of same-sex marriage. In 2013, it ruled that the federal government must recognize gay and lesbian marriages in the 12 states that had legalized them. In 2015, it extended same-sex marriage nationwide.”

Image result for photos wedding cake same sex wedding

“But even as he authored the court’s landmark decision, Kennedy held out an olive branch to religious conservatives.”

“It must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned,” Kennedy wrote in 2015.”

17 comments

  1. Reblogged this on It Is What It Is and commented:
    This is disheartening … in my very humble opinion, he can keep his cakes and his religious freedom and live happily ever after!
    The one thing he doesn’t realize is the ‘wealth’ of the LGBT community!! Oh well … your loss!!
    Now you won’t have to answer to your mom if you create a product that violates your strong, kind, discriminatory religious beliefs!!

    Liked by 1 person

    • Dear Horty,

      This is disheartening. What’s worse is that this decision says nada. It seems that Colorado has a Civil Rights Commission where same-sex couples are included as a protected class. One of its regulators was obviously biased against the baker and made comments that made this obvious. It was on this basis that the supreme court ruled in favor of the baker.

      The ruling argument is so narrow that I am thinking that neither side won or neither side lost.

      The supreme court punted on this one.

      Thanks a million times over for all of your support and for this reblog.

      Hugs, Gronda

      Liked by 1 person

      • Always welcome!! Hugs back … this is to close for comfort!! At least for me … I wonder what other situations will develop because of this decision. This empowers those who think like the “Fool on the Hill’ … Beyond sad!!!

        Like

  2. Christianity from its inception with its assertion of “one god” has been about a policy of no toleration for other people. Romans saw it such until Constantine who was “victimized” by being rejected, had his “vision of angels in the sky” leading him to a military takeover of Rome, convincing the Roman army that the christian god would siupport them killing others and when christians first learned that they could use political power to force their crap on others. Christianity has always been based on a lack of toleration for others and since Constantine their right to use political and military power to force themselves on others.

    Liked by 1 person

    • Dear Steve Naegele,

      For some reason, too many who claim the Christian name have singled out the gay community to target with judgmental cruelty. I wonder if the baker would chose not to bake a cake for a couple who had practiced pre-marital sex or some other sin or life style.

      Every time, I see this hypocrisy, I think of Maggie Smith’s quip, “My Dear, Religion is like a penis. It’s a perfectly fine thing for one to have and take pride in, but when one takes it out and waves it in my face we have a problem.”

      Hugs, Gronda

      Liked by 1 person

  3. Just saw this… very disappointing.
    I guess this means a Catholic baker could refuse to make a cake for a Jew, and a Jew could refuse to make one for a Muslim and they could all refuse to make one for an atheist. And a gay baker could refuse to make one for straight people.

    This could only happen in America (I’m speaking of western civilization).

    I wish the rapture was true and all these bigoted Christians would just go..and leave the rest of us alone in peace, tolerance, and unity.

    Liked by 1 person

    • Dear Mary Plumbago,

      I agree that this ruling is very disappointing and I am not happy with it. In my mind, the supreme court punted in this case.

      Colorado has a Civil Rights Commission where same-sex couples are included as a protected class. It seems that one of its regulators had acted in an obviously biased manner against the baker, and the regulator made comments that reflected this attitude. It was on this basis that the supreme court ruled in favor of the baker.

      The ruling is so narrowly argued that I am thinking that neither side won or neither side lost.

      In short, florists, bakers, wedding planners had better learn to treat customers with respect and dignity, otherwise, they can spend another 5 years going through the court process.

      Hugs, Gronda

      Liked by 1 person

  4. Is an “artistic cake baker” in business for his art, or to make money? If for his art, let him make something that will last a long long time, not something that is about to be destroyed (as in eaten) within days. Or let him take pictures of it, and make them into prints–how many will he sell? Hell, let me ask this in plain language, while something can be artistic, does that make it a work of art?
    I don’t know the answer to my above question, maybe somewhere in the world someone has a collection of artistic cakes than will never be eaten, but I doubt it.
    Can there be a line drawn between what is a work of art and what is not? Again, I do not know. I write poetry, but I had a critic tell me it was not poetry, and that while I was a worthy wordsmith, I was not a poet. Screw him!
    But one thing, I know I do not write for money. Yes, I have made money selling a poem, but that was totally unexpected. A connoisseur liked it, and offered me money for it. It was never published as such, it was framed and hangs on his wall today. But I am not in the “poem” business. The person we are talking about is in the cake business.
    If this cake were not a wedding cake, would he ever have had reason to know it was being sold to a person of different sexual orientation than he? Did anyone ever ask the potential buyers if they were Christian?
    And then the big quedtion: does this give every business owner or sales person the right to question a potential customer on what they believe, who they go to bed with, or even how old they are, what race or nationality they are, etc. ad infinitum? The US Supreme Court seems to think so.
    I WHOLEHEARTEDLY DISAGREE WITH THEM!

    Liked by 1 person

    • Dear Rawgod,

      It took me a while to read the supreme court’s ruling. While I am not happy with it, it is not truly a win for the baker.

      I’m with you. His artistry is soon eaten up. But while the baker made that argument, that is not the basis of the court’s ruling.

      It turns out that this case was first presented to the State of Colorado’s Civil Rights’ Commission where one of the regulators was openly biased against the baker and ruled in favor of the same-sex marriage couple.

      In short, the baker won only on that basis. In my mind, the supreme court punted in its decision. Florists, wedding cake bakers, photographers and wedding planners will have to learn to treat customers with dignity and respect or they can spend 5 years fighting in court. The far-right did not win with this.

      Hugs, Gronda

      Like

      • But it did open the door…
        And I am betting there are a lot of far right lawyers willing to accompany t.hem through ghat door…
        For a price,of course…

        Liked by 1 person

  5. I live near Lakewood, Colorado, where this business is located. My tax dollars support the infrastructure that makes his business possible. I want a tax refund so that my dollars don’t support businesses that discriminate. Think that will happen?

    Liked by 2 people

    • Dear Ckatsarelis,

      I wish we could all complain about how our tax dollars are being spent as none of us are getting good value for our monies.We shouldn’t have to pay for the incompetence we have been observing in the US Congress and the White House.

      It looks like the State of Colorado has set up a Civil Rights Commission to handle these type of cases where the LGBT community is a protected class.

      But this is what the Supreme Court ruled on in this case. This case was first presented to the State of Colorado’s Civil Rights’ Commission where one of the regulators was openly biased against the baker and ruled in favor of the same-sex marriage couple. This was the basis for the court’s ruling.

      The ruling is so narrowly construed that I can’t say that either side won.

      Hugs, Gronda

      Like

    • Dear Roger,

      The ruling is not what I would have preferred but it is not a definitive case. The ruling was so narrowly argued to where neither side won or neither side lost.

      A close reading of the court’s ruling shows that the justices decided in favor of the baker because not treated fairly when his side of the case was being considered by a regulator on Colorado’s Civil Rights Commission.

      In short, nothing was really decided with this case. And so, if florists, bakers, and others don’t want to spend the next 5 years going through the court process, then they had better learn how to treat customers with dignity and respect.

      Hugs, Gronda

      Liked by 2 people

    • Dear 1EarthUnited,

      You just brought home the point of how important it is for democrats to be in a position to decide on future US Supreme Court justices.

      Hugs, Gronda

      Like

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