General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan we be CLEAR for a minute about the Colorado Bakery case?
This was NOT a ruling that said it was okay to discriminate on the basis of religious belief (hence the 7-2 vote) and thus does not set precedent. It boiled down to a ruling that the PROCESS by which Colorado Civil Rights Commission came to IT'S rulling was flawed, and that the bakery didn't receive a fair hearing. What that means is that a future case built strictly on the issue of asserted religious rights could lead to a different result.
OldHippieChick
(2,434 posts)Kagan and Breyer's names w/ the majority, so I knew there was more to the story.
MuseRider
(34,111 posts)I reacted instantly to this. I did not understand what I read apparently. Thank you.
yallerdawg
(16,104 posts)When did constitutionally guaranteed rights become subordinate to a religious opinion?
That sounds like a real "Sharia Law" to me.
brooklynite
(94,602 posts)It ruled on due process; another "constitutionally guaranteed right".
yallerdawg
(16,104 posts)"a future case built strictly on the issue of asserted religious rights could lead to a different result?"
Are you saying THEN the Supreme Court will uphold the rejection of religious supremacy? No worries?
brooklynite
(94,602 posts)If your opinion is that the COURT will never stand up against religious discrimination, then there's no point in getting upset about this ruling, since you believed it was going to happen anyway.
yallerdawg
(16,104 posts)I don't know where you came up with the opinion that I anticipate religious supremacy over our individual rights. My hope is that the Supreme Court will uphold our individual rights as guaranteed in the Constitution, and not allow some kind of religious test (like Sharia Law, which conservatives freak out about) to determine what rights are exempted.
State-sanctioned discrimination based on religious belief is at best historically regressive policy, harking back to Jim Crow and 'separate but equal' judicial rulings.
This is a slippery slope. You should BE upset!
The Velveteen Ocelot
(115,735 posts)You should, before you deliver an opinion on it. https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf
yallerdawg
(16,104 posts)I can't have or express my uninformed, ignorant opinion - 'cause I stoopid?
The Velveteen Ocelot
(115,735 posts)You can have an opinion, but an informed one is usually better than an uninformed one.
yallerdawg
(16,104 posts)I like to know I am permitted to have an opinion, too!
The Velveteen Ocelot
(115,735 posts)The court only held that the state commission did not handle the case neutrally.
yallerdawg
(16,104 posts)religion-based discrimination?
This is called the "eroding of our rights."
The Velveteen Ocelot
(115,735 posts)The commission is a judicial body, and all parties are entitled to neutral consideration. The court held they didn't do that. Read the concurring opinion of liberal Justice Kagan. https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf at p. 19.
zentrum
(9,865 posts)good to know. Thanks.
el_bryanto
(11,804 posts)The Velveteen Ocelot
(115,735 posts)yallerdawg
(16,104 posts)Perhaps they were looking at the right thing to do.
Why isn't anyone telling me to read Ginsburg's very clear opinion?
The Velveteen Ocelot
(115,735 posts)yallerdawg
(16,104 posts)Why on earth would I read more? Consolation of some kind?
The Velveteen Ocelot
(115,735 posts)You are an intelligent adult who's capable of reading and understanding the nuances. Don't rely on someone else's summary if you want to understand what the court did. The media tried to explain it in headlines and it didn't work.
dsc
(52,163 posts)after oral arguments this is literally the best outcome we could hope for. Not only was the statement of the commissioner mentioned as a limiting fact so was the time the case took place. The clear implication is that the vote would be different now.
yallerdawg
(16,104 posts)where the decision was reversed.
It is what it is. There's no way I am telling the Supreme Court they made a good decision!
There's no way discrimination should be allowed to stand!
dsc
(52,163 posts)that 4 Justices were certain to vote for the baker, one was nearly certain to, and an additional 2 had some concerns. Given that, I am glad we got such a narrowly tailored decision. Most state commissions won't have people saying outrageously anti religious things like what was said in this case.
yallerdawg
(16,104 posts)It looks like the 'right' is beginning to hold sway over the Court - religious discrimination, abortion denied where it is legal - but if you all think this is merely a technicality, I hope you don't slip on that proverbial slope.
el_bryanto
(11,804 posts)Ms. Toad
(34,076 posts)As a general matter, you don't go to the substance of the opinion if the process by which you reached that substance was flawed.
BigmanPigman
(51,611 posts)did a good summary. It sort of skirted the issue while not going into enough detail to set a precedent for future cases which is likely to happen. They asked, "Where do you draw the line?". The wedding flowers, the music, the wedding invitations, etc will still be judged for having "decency" or not.
The Velveteen Ocelot
(115,735 posts)as it's being made out to be. Kagan's concurring opinion explains it well, I think. The reason for the decision was only that the state commission did not act neutrally as they were required to do. While I don't agree with the actual result, the court "limited its analysis to the reasoning of the commission." The text of the decision is here: https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf
Greybnk48
(10,168 posts)Princess Turandot
(4,787 posts)in the live commentary:
....Sometimes, the Court's HOLDING is what really matters -- i.e., what happens in this case (think Obamacare). Sometimes, the case itself really isn't a huge deal, and what matters in the OPINION -- that is, the rule the Court lays down. In the latter cases, the mass media inevitably overreacts to the vote count on the holding, and misses the nuances of why the Justices voted for the outcome that they did. This is distinctly the latter kind of case.
(From around 10:50AM on the live blog: http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_4_2018
The Velveteen Ocelot
(115,735 posts)This was a procedure case, not a right to a wedding cake case.
jberryhill
(62,444 posts)Gee, like that's never happened.
The Velveteen Ocelot
(115,735 posts)bench scientist
(1,107 posts)7962
(11,841 posts)bench scientist
(1,107 posts)Jim Lane
(11,175 posts)The local paper carried a summary of the court's decision -- a summary that was clear, well-written, and accurate, even as to some of the legal nuances.
I was shocked.
RKP5637
(67,111 posts)EffieBlack
(14,249 posts)This is NOT a substantive ruling.
mahatmakanejeeves
(57,503 posts)Supreme Court rules narrowly for baker to refused to make wedding cake for same-sex couple.
Link to tweet
AlexSFCA
(6,139 posts)because I beleive that refusing serving lgbt will prove to be bad for business. I can already see the establishments that follow the practice of this bakery to be listed as discriminatory, pooor yelp reviews asssure. More importantly, I do not want to be served by a baker who is anti-gay just because he/she is forced to do so. I want to make sure I am aware of their beliefs so my money wont be spent on their services and hopefulyl lgbt will follow suit. I am so sick of media sensationalizing everything.
malthaussen
(17,204 posts)... but this one was clearly based on procedural issues, and not handing out blank cheques for discrimination.
-- Mal
underpants
(182,830 posts)bucolic_frolic
(43,191 posts)the ruling would have gone the other way
The Velveteen Ocelot
(115,735 posts)I'm not aware of any case where someone refused to sell guns to a gay person on account of a religious belief that God doesn't want gay people to have guns, and then went to a state civil rights commission which didn't give them an unbiased hearing relative to their religious belief that they didn't have to sell guns to gay people.
bucolic_frolic
(43,191 posts)I meant if someone claimed a religious right to not sell guns it would be tossed quickly
The Velveteen Ocelot
(115,735 posts)That's why it's not a good idea to assume anything about a pending case. In any event, this one was decided on procedural grounds and did not address the substantive question of whether the baker could refuse to bake a cake for a gay couple.
bucolic_frolic
(43,191 posts)Sorry for my not too well thought out snarky sarcastic comment.
Ms. Toad
(34,076 posts)You are aware of conscientious objectors, yes? (Since no one is forced to sell guns, refusing to bear arms in the military is about as close as I can get.)
jmowreader
(50,560 posts)The extreme right will read this thing as some sort of landmark its still okay to discriminate agaiins people on grounds of orientation ruling.
FakeNoose
(32,645 posts)They evidently aren't open to "the public," since it would mean having customers who hold different religious beliefs.
Is this how American businesses want to operate now? I don't think so!
Saviolo
(3,282 posts)A nice summary from Twitter account @popehat:
Link to tweet
And the text of the thread:
Okay. Here's why, and here -- once I'm done grumbling -- is why it's good.
The notion is this: courts properly avoid answering Big Questions unless it is absolutely necessary to do so. That limits judicial power. The more judges can resolve issues gratuitously, the more power they have.
This idea is inherent in the concepts of limited government and checks and balances, which I am reliably informed were once upon a time a thing.
The core idea shows up in may doctrines: jurisdiction, standing, ripeness & mootness, and so forth.
You may not like it now, but you will definitely like it when a court doesn't go out of its way to resolve a Big Question in a way you don't like. [Which, my liberal friends amongst you, is a real thing that can and will happen, maybe soon.]
Narrow rulings also reduce the tendency of generations-long struggles to overturn rulings. Masterpiece Cakeshop, narrowly decided, is less a focus of let's-flip-the-Court than a 5-4 sweeping decision.
elleng
(130,974 posts)Gothmog
(145,321 posts)DeminPennswoods
(15,286 posts)from the Colo CRC. One member was obviously biased against "religion" from his comments. Therefore, the CRC did not give the baker a fair and unbiased hearing. Think of it as how juror misconduct can affect the verdict in a criminal trial.
Nina Tottenberg added some additional detail on the concurring and dissenting opinions. Justices Ginsburg and Sotomayor dissented, but agreed with much of Kennedy's opinion. There were 5 concurring opinions that dissented from much of Kennedy's majority opinion.