General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBREAKING: SCOTUS reverses Masterpiece Bake Shop (gay wedding discrimination) ruling
"Whatever the confluence of speech and free exercise principles might be in some cases, 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."
7-2 vote (Roberts, Breyer, Alito, Kagan, and Gorsuch join Kennedy's opinion; Kagan concurs, joined by Breyer; Gorsuch concurs, joined by Alito. Thomas concurs in part and in the judgment. Ginsburg dissents, joined by Sotomayor)
Full Ruling
Adrahil
(13,340 posts)brooklynite
(94,602 posts)LisaM
(27,813 posts)I have been an angry person since December 12, 2000. And I don't see any signs of that ending.
Demsrule86
(68,593 posts)from their parents and imprisoned, Scotus turning back Gay rights and a deranged monster who would be king.
brooklynite
(94,602 posts)Demsrule86
(68,593 posts)There is no upside to what is happening in the courts...it may have been a deal which resulted in a 'narrow' ruling and not a 5/4 vote on a worse decision for our side.
OliverQ
(3,363 posts)I'm starting to think they'll probably side with trump on whether he can be a dictator or not.
Hugin
(33,164 posts)Wow. Just wow.
Cuthbert Allgood
(4,921 posts)This was NOT a ruling about religious "freedom." A liberal court would have ruled the same way.
underpants
(182,834 posts)Yikes
quartz007
(1,216 posts)underpants
(182,834 posts)That was a hasty post by me.
quartz007
(1,216 posts)mahatmakanejeeves
(57,504 posts)Posted Mon, June 4th, 2018 9:00 am
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brooklynite
(94,602 posts)The intro to the opinion thus concludes, "Given all these considerations, it is proper to hold that whatever the outcome of some future controversy involving facts similar to these, the Commissions actions here violated the Free Exercise Clause; and its order must be set aside."
mahatmakanejeeves
(57,504 posts)When he does, look here:
https://twitter.com/scotusreporter
Thanks for starting the thread.
DemocratSinceBirth
(99,710 posts)quartz007
(1,216 posts)Johonny
(20,852 posts)codifying it simply makes us weaker as a nation.
brooklynite
(94,602 posts)They ruled that the PROCESS by which Colorado evaluated the bakery case was flawed.
Johonny
(20,852 posts)I won't pretend that the likely out come of this is
a) more bigots will be embolden to take this as a green light to do what this baker did. No matter the narrow scope of the ruling. Their president is announcing he can kill a man legally and never be prosecuted. Do I believe these people care about narrow scopes...nope I don't believe that.
b) states where the sympathy lies with said "baker" may use this ruling to justify such course of action as saying, although said person is breaking the law, the prosecution of said person is probably not worth it because the state process is just as flawed as those in Colorado. They need a process review first...which never gets done.
Now that may not happen...may not.
Zoonart
(11,870 posts)Forget pinning your hopes for rescue of the Republic on the SCOTUS.
The Velveteen Ocelot
(115,740 posts)stopbush
(24,396 posts)of real people in the USA.
PATHETIC.
The Velveteen Ocelot
(115,740 posts)not on religious grounds. Go to p. 19 and read Justice Kagan's concurring opinion. https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf
DemocratSinceBirth
(99,710 posts)RKP5637
(67,111 posts)DemocratSinceBirth
(99,710 posts)RKP5637
(67,111 posts)RandySF
(58,933 posts)The baker wouldnt hate gays if he had a good paying job.
RKP5637
(67,111 posts)if they will the bake a cake for "Happy Birthday Satan?"
TCJ70
(4,387 posts)I'm still waiting for someone to show me where holy cakes and flower decorations are required for a wedding. It's such a garbage argument. If you're going to say this is a sincere religious belief, prove it through the religious texts.
RKP5637
(67,111 posts)now be OK if a sincerely held religious belief by my religion.
brooklynite
(94,602 posts)The Court said that you have the right to due process when the State challenges your discrimination.
RKP5637
(67,111 posts)The Velveteen Ocelot
(115,740 posts)They decided it on the basis of whether the Colorado commission gave the baker a fair hearing. It was a procedural case, not a right not to bake a cake case. Read it here: https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf
EffieBlack
(14,249 posts)Thank you!
TCJ70
(4,387 posts)EllieBC
(3,016 posts)But we have become a group of headline skimmers who then use our super psychic powers to guess the rest of article without reading it.
Thanks for trying to explain it but I feel like you're going to be doing this all day. Did you bring a lunch?
The Velveteen Ocelot
(115,740 posts)brooklynite
(94,602 posts)...it just requires that a fairer hearing be held.
underpants
(182,834 posts)samnsara
(17,623 posts)The Velveteen Ocelot
(115,740 posts)NCTraveler
(30,481 posts)There have to be societal repercussions. Hopefully the state takes them back to court soon. During that time I can't see why someone would be bothered by going after their bottom line.
The Velveteen Ocelot
(115,740 posts)If people in that city who buy baked goods find their position reprehensible, the free market will take care of it.
NCTraveler
(30,481 posts)Exactly. That's why it was mentioned.
I hope they lose enough business to go down. I still understand there are a lot of people out there who would ask "why".
There is no such thing as a "free market" outside of Republicans wet dreams.
fallout87
(819 posts)roamer65
(36,745 posts)Start doing it, folks.
The Velveteen Ocelot
(115,740 posts)It means only that in the court's opinion a state agency didn't give both parties a fair and neutral hearing. This wasn't a right not to bake a cake case; it was a procedure case. Read it here: https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf
Glimmer of Hope
(5,823 posts)roamer65
(36,745 posts)I hereby exercise that exemption for my agnostic beliefs and reserve the right to deny any goods or services to religious nuts as I deem fit.
Its a horrible ruling. It shrouds bigoted behavior as a first amendment right.
TimeSnowDemos
(476 posts)Is crumbling before our very eyes.
Unbelievable.
The Velveteen Ocelot
(115,740 posts)procedural grounds and does not say anything about anybody's right not to bake a wedding cake. It may be crumbling for other reasons but this case isn't contributing to it.
TimeSnowDemos
(476 posts)Is being squashed on a technicality, I guess that's OK.
The Velveteen Ocelot
(115,740 posts)The bakery could get sued again and probably would lose this time because the state law has changed, if the commission were to keep its comments neutral.
Alethia Merritt
(147 posts)EffieBlack
(14,249 posts)Even if Hillary had won and appointed Merrick Garland to the Court and Garland dissented, the result would have been the same, just with a 6-3 ruling.
This case is not as awful as some people think - it was decided on purely procedural grounds and does not in any way impact anyone's substantive rights.
The Velveteen Ocelot
(115,740 posts)Elections have consequences, but not on this particular case.
Response to brooklynite (Original post)
redstatebluegirl This message was self-deleted by its author.
RhodeIslandOne
(5,042 posts)Including an Obama appointee one of the 7.
It was a ruling based on technicalities.
highmindedhavi
(355 posts)abortion next
Gothmog
(145,330 posts)manicdem
(389 posts)The confusion in the case appears to be the type of cake being made.
If it was a plain white wedding cake with no decorations, then the baker would have to sell the gay couple the cake.
The other scenario is a decorated cake where the baker would create a custom cake with his artistic talents. It should be left to the artists discretion to make the cake or not
Garrett78
(10,721 posts)I just wish I was surprised.
mahatmakanejeeves
(57,504 posts)This links to many articles about the decision:
Tuesday round-up