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brooklynite

(94,602 posts)
Mon Jun 4, 2018, 10:36 AM Jun 2018

Can 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.

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Can we be CLEAR for a minute about the Colorado Bakery case? (Original Post) brooklynite Jun 2018 OP
Thanks for the clarification. I was stunned to see OldHippieChick Jun 2018 #1
Thank you! MuseRider Jun 2018 #2
It's amazing. yallerdawg Jun 2018 #3
The Court did not rule on Religious Opinion... brooklynite Jun 2018 #5
What did you mean then when you added... yallerdawg Jun 2018 #8
I'm saying it COULD. brooklynite Jun 2018 #11
I'm shocked that the Court opened this door. yallerdawg Jun 2018 #14
Have you read the decision? The Velveteen Ocelot Jun 2018 #17
So if the Surpeme Court upholds religious discrimination as a right... yallerdawg Jun 2018 #20
That's not what they did. The Velveteen Ocelot Jun 2018 #21
Thank you! yallerdawg Jun 2018 #24
That's not how it was decided. The Velveteen Ocelot Jun 2018 #7
The state should be neutral over... yallerdawg Jun 2018 #10
Read the opinion. The Velveteen Ocelot Jun 2018 #16
Kagan's stance is very zentrum Jun 2018 #36
Should they rule based on the law or based on what the right thing to do is? nt el_bryanto Jun 2018 #18
The law. That's what courts do. The Velveteen Ocelot Jun 2018 #22
Two justices dissented. yallerdawg Jun 2018 #23
Read the whole case. The Velveteen Ocelot Jun 2018 #25
How about a summary? yallerdawg Jun 2018 #28
Not my job, mon. The Velveteen Ocelot Jun 2018 #37
actually given the near certainty that the bakery was going to win dsc Jun 2018 #38
The baker lost all the way to the Supreme Court... yallerdawg Jun 2018 #42
It was clear from oral arguments and past votes dsc Jun 2018 #46
We'll see. yallerdawg Jun 2018 #48
Thanks for posting this - very educational. nt el_bryanto Jun 2018 #40
Her opinion goes to the substance of the decision Ms. Toad Jun 2018 #54
I just saw this report and you BigmanPigman Jun 2018 #4
Exactly. I just read the whole thing, and it's not as bad The Velveteen Ocelot Jun 2018 #6
That makes more sense. Thanks. n/t Greybnk48 Jun 2018 #9
Another useful comment, from SCOTUSblog's Eric Citron... Princess Turandot Jun 2018 #12
Knees tend to jerk on the basis of media headlines. The Velveteen Ocelot Jun 2018 #19
The media flubbing the import of a court decision? jberryhill Jun 2018 #27
And then the DU knees start jerking, too. The Velveteen Ocelot Jun 2018 #30
Which is why I always appreciate both your and Jberryhill calm legal analysis. bench scientist Jun 2018 #33
HA!!! 7962 Jun 2018 #49
Which is why I always appreciate both your and Velveteen Ocelot calm legal analysis. bench scientist Jun 2018 #35
I was involved in a case that was of great significance to one particular locality. Jim Lane Jun 2018 #53
Thanks for the additional clarification. n/t RKP5637 Jun 2018 #13
THANK YOU! That's how I read it, too. EffieBlack Jun 2018 #15
Thanks. See Robert Barnes's tweet. mahatmakanejeeves Jun 2018 #26
I am ok with the ruling AlexSFCA Jun 2018 #29
I'm not fond of addressing "sincere religious belief" in a legal ruling... malthaussen Jun 2018 #31
Again thanks. underpants Jun 2018 #32
If the case had been against selling guns bucolic_frolic Jun 2018 #34
How do you figure? The Velveteen Ocelot Jun 2018 #39
Too specific bucolic_frolic Jun 2018 #41
Cases are often decided on narrow and specific facts. The Velveteen Ocelot Jun 2018 #43
Ain't THAT the truth! bucolic_frolic Jun 2018 #44
Likely not. Ms. Toad Jun 2018 #55
You know the problem here jmowreader Jun 2018 #45
The Colorado Bakery needs to advertise that they only want customers from their own church FakeNoose Jun 2018 #47
Also, the court didn't try to answer the "big question" surrounding it... Saviolo Jun 2018 #50
Thanks for stating the facts clearly. elleng Jun 2018 #51
Statement from NY AG on this ruling Gothmog Jun 2018 #52
Yes, it was decided on the baker not getting a fair hearing DeminPennswoods Jun 2018 #56
The plan is a constitutional convention before 2019... change everything. CK_John Jun 2018 #57

OldHippieChick

(2,434 posts)
1. Thanks for the clarification. I was stunned to see
Mon Jun 4, 2018, 10:44 AM
Jun 2018

Kagan and Breyer's names w/ the majority, so I knew there was more to the story.

yallerdawg

(16,104 posts)
3. It's amazing.
Mon Jun 4, 2018, 10:45 AM
Jun 2018

When did constitutionally guaranteed rights become subordinate to a religious opinion?

That sounds like a real "Sharia Law" to me.

brooklynite

(94,602 posts)
5. The Court did not rule on Religious Opinion...
Mon Jun 4, 2018, 10:49 AM
Jun 2018

It ruled on due process; another "constitutionally guaranteed right".

yallerdawg

(16,104 posts)
8. What did you mean then when you added...
Mon Jun 4, 2018, 10:53 AM
Jun 2018

"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)
11. I'm saying it COULD.
Mon Jun 4, 2018, 10:57 AM
Jun 2018

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)
14. I'm shocked that the Court opened this door.
Mon Jun 4, 2018, 11:05 AM
Jun 2018

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!

yallerdawg

(16,104 posts)
20. So if the Surpeme Court upholds religious discrimination as a right...
Mon Jun 4, 2018, 11:15 AM
Jun 2018

I can't have or express my uninformed, ignorant opinion - 'cause I stoopid?

The Velveteen Ocelot

(115,735 posts)
21. That's not what they did.
Mon Jun 4, 2018, 11:17 AM
Jun 2018

You can have an opinion, but an informed one is usually better than an uninformed one.

The Velveteen Ocelot

(115,735 posts)
7. That's not how it was decided.
Mon Jun 4, 2018, 10:50 AM
Jun 2018

The court only held that the state commission did not handle the case neutrally.

yallerdawg

(16,104 posts)
10. The state should be neutral over...
Mon Jun 4, 2018, 10:57 AM
Jun 2018

religion-based discrimination?

This is called the "eroding of our rights."

The Velveteen Ocelot

(115,735 posts)
16. Read the opinion.
Mon Jun 4, 2018, 11:07 AM
Jun 2018

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.

yallerdawg

(16,104 posts)
23. Two justices dissented.
Mon Jun 4, 2018, 11:20 AM
Jun 2018

Perhaps they were looking at the right thing to do.

Why isn't anyone telling me to read Ginsburg's very clear opinion?

yallerdawg

(16,104 posts)
28. How about a summary?
Mon Jun 4, 2018, 11:35 AM
Jun 2018
"Supreme Court hands narrow win to baker over gay couple dispute"

Why on earth would I read more? Consolation of some kind?

The Velveteen Ocelot

(115,735 posts)
37. Not my job, mon.
Mon Jun 4, 2018, 12:12 PM
Jun 2018

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)
38. actually given the near certainty that the bakery was going to win
Mon Jun 4, 2018, 12:14 PM
Jun 2018

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)
42. The baker lost all the way to the Supreme Court...
Mon Jun 4, 2018, 12:21 PM
Jun 2018

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)
46. It was clear from oral arguments and past votes
Mon Jun 4, 2018, 12:34 PM
Jun 2018

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)
48. We'll see.
Mon Jun 4, 2018, 01:23 PM
Jun 2018

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.

Ms. Toad

(34,076 posts)
54. Her opinion goes to the substance of the decision
Mon Jun 4, 2018, 07:00 PM
Jun 2018

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)
4. I just saw this report and you
Mon Jun 4, 2018, 10:46 AM
Jun 2018

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)
6. Exactly. I just read the whole thing, and it's not as bad
Mon Jun 4, 2018, 10:49 AM
Jun 2018

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

Princess Turandot

(4,787 posts)
12. Another useful comment, from SCOTUSblog's Eric Citron...
Mon Jun 4, 2018, 10:58 AM
Jun 2018

in the live commentary:

One version of the question presented in Masterpiece is: "Does the Constitution give wedding cake bakers a right to refuse service to homosexual couples on the basis of a religious objection, even if a State generally prohibits discrimination in public accommodations on the basis of sexual orientation." That is the "Right not to bake a cake" version. The Court does not answer that question. Instead it holds that the way the Colorado commission considered Mr. Phillips' case showed substantial hostility toward religion. That preserves the possibility that a State could enact a law prohibiting discrimination against homosexual couples and constitutionally apply it to a baker who refused service to a gay couple.

....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)
19. Knees tend to jerk on the basis of media headlines.
Mon Jun 4, 2018, 11:11 AM
Jun 2018

This was a procedure case, not a right to a wedding cake case.

 

Jim Lane

(11,175 posts)
53. I was involved in a case that was of great significance to one particular locality.
Mon Jun 4, 2018, 06:41 PM
Jun 2018

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.

mahatmakanejeeves

(57,503 posts)
26. Thanks. See Robert Barnes's tweet.
Mon Jun 4, 2018, 11:32 AM
Jun 2018
Supreme Court rules narrowly for baker to refused to make wedding cake for same-sex couple.


AlexSFCA

(6,139 posts)
29. I am ok with the ruling
Mon Jun 4, 2018, 11:38 AM
Jun 2018

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 won’t be spent on their services and hopefulyl lgbt will follow suit. I am so sick of media sensationalizing everything.

malthaussen

(17,204 posts)
31. I'm not fond of addressing "sincere religious belief" in a legal ruling...
Mon Jun 4, 2018, 11:59 AM
Jun 2018

... but this one was clearly based on procedural issues, and not handing out blank cheques for discrimination.

-- Mal

The Velveteen Ocelot

(115,735 posts)
39. How do you figure?
Mon Jun 4, 2018, 12:14 PM
Jun 2018

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.

The Velveteen Ocelot

(115,735 posts)
43. Cases are often decided on narrow and specific facts.
Mon Jun 4, 2018, 12:21 PM
Jun 2018

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.

Ms. Toad

(34,076 posts)
55. Likely not.
Mon Jun 4, 2018, 07:06 PM
Jun 2018

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)
45. You know the problem here
Mon Jun 4, 2018, 12:30 PM
Jun 2018

The extreme right will read this thing as some sort of landmark “it’s still okay to discriminate agaiins people on grounds of orientation” ruling.

FakeNoose

(32,645 posts)
47. The Colorado Bakery needs to advertise that they only want customers from their own church
Mon Jun 4, 2018, 01:11 PM
Jun 2018

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)
50. Also, the court didn't try to answer the "big question" surrounding it...
Mon Jun 4, 2018, 01:28 PM
Jun 2018

A nice summary from Twitter account @popehat:




And the text of the thread:

Getting a lot of "WHY DID SCOTUS PUNT AND RULE NARROWLY INSTEAD OF RESOLVING THE BIG ISSUE."

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.

DeminPennswoods

(15,286 posts)
56. Yes, it was decided on the baker not getting a fair hearing
Mon Jun 4, 2018, 07:22 PM
Jun 2018

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.

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