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DonViejo

(60,536 posts)
Mon Jun 4, 2018, 10:38 AM Jun 2018

Kennedy wrote the decision...


The Supreme Court has ruled in favor of a Christian baker in Colorado who refused to make a custom cake for a same-sex couple, but the court punted on spelling out how far the government can go to prevent sexual-orientation discrimination in the marketplace.

Writing for the court's majority, Justice Anthony Kennedy said the Colorado Civil Rights Commission violated the baker's rights by showing "hostility" to his religious beliefs in a proceeding in which he was found to have violated the law and was ordered to anti-discrimination training.

The high court's 7-2 ruling in the closely watched case left open the question of how a state enforcing anti-discrimination laws in a more neutral fashion would have to accommodate individuals' rights to religious freedom and free expression.

The court's two most liberal justices, Ruth Bader Ginsburg and Sonia Sotomayor, dissented. They said they would have upheld the state's action against the baker.

Read more: https://www.politico.com/story/2018/06/04/supreme-court-rules-narrowly-in-favor-of-colorado-baker-in-same-sex-wedding-case-620661
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RKP5637

(67,111 posts)
1. So, religious discrimination is now cemented in the eyes of the law and that, is a 2-way street?
Mon Jun 4, 2018, 10:50 AM
Jun 2018

My religion can now discriminate against all christians, for example, ... or apparently any other religion, person or entity.

Hortensis

(58,785 posts)
4. No, they punted, limited ruling leaving it open for more cases
Mon Jun 4, 2018, 11:03 AM
Jun 2018

to be brought, and a more final decision still to be rendered. Under the circumstances the best that could happen barring a ruling against the baker.

Battle is on for control of the senate. The Republicans can lose the house and still win the war. The senate ratifies appointments to high courts, and it's very likely Trump may appoint a second justice.

NurseJackie

(42,862 posts)
2. This is infuriating. They've now opened a Pandora's box...
Mon Jun 4, 2018, 10:57 AM
Jun 2018

... and now anyone will feel they can use claims of "religious freedom" to nullify ANY law.

 

EffieBlack

(14,249 posts)
5. My quick reading is that they didn't make a substantive ruling but this was based on the procedure
Mon Jun 4, 2018, 11:05 AM
Jun 2018

the Commission used. And the Court ruling also seemed to turn on the fact that this happened pre-2012 under different circumstances. so the decision may not be as impactful as it seems.

I'll need to read through it more thoroughly, but that's my initial read.

NurseJackie

(42,862 posts)
11. Thanks, Effie! I hope that's the case as you've explained it.
Mon Jun 4, 2018, 11:37 AM
Jun 2018

But, based on the fact that I misunderstood it (and was furious) I'm certain that there are others who also misunderstood the ruling and are DELIGHTED. Those folks will use this as an excuse to amplify their religion-based hatred of "other" groups different from themselves.

 

EffieBlack

(14,249 posts)
13. Yes - the press is doing what they frequently do when it comes to reporting on cases
Mon Jun 4, 2018, 11:49 AM
Jun 2018

They jump to the end to see which side prevailed, assume "winners" and "losers" without bothering to read, much less analyze the case and then hype it up and set an inaccurate narrative.

The minute I saw the breakdown of the decision - that it was 7-2 and Breyer and Kagan voted with the majority, I knew it wasn't as simple as they claimed it was.

That's why the Justices write opinions. Too bad so many of the journalists covering and discussing these cases don't bother to read them before trying to tell us what they mean.

Volaris

(10,272 posts)
15. That's my understanding as well...
Thu Jun 7, 2018, 03:57 AM
Jun 2018

Basically, the Supreme kicked it back down to Colorado State with the instructions: Do it again (if needed), and do it EXACTLY THE SAME WAY, only next time, don't be legal dicks about it, and everything will be fine.

The courts conclusion was that the overt hostility of the Colorado supreme court directed at the Baker was unacceptable as a reason not to agree with him, and they said so. The religious loons think this is a win because they don't know how to read, apparently...or theyd be all kinds of pissed at this decision, for the legit reason that it didn't do a damn thing to further The Cause.

Freddie

(9,268 posts)
3. Next step
Mon Jun 4, 2018, 11:00 AM
Jun 2018

"We can't rent to a gay person due to our religious beliefs"
"We can't hire a gay person due to our religious beliefs"
It's not about a cake.

irisblue

(32,982 posts)
7. Renting to a POC is against my sincerly held religious beliefs?
Mon Jun 4, 2018, 11:12 AM
Jun 2018

" We won't rent to you, you go to a synagogue..."
" We don't rent to unmarried women..."
Slippery & getting a layer of crisco on the slope.

LostOne4Ever

(9,289 posts)
9. This is a HORRIBLE decision!
Mon Jun 4, 2018, 11:16 AM
Jun 2018

And that 2 liberal judges helped do this is shameful!

Thank you at least to Justice Ginsburg and Sotomayor! You two at least cared!

 

EffieBlack

(14,249 posts)
10. This was a procedural decision, not a substantive one
Mon Jun 4, 2018, 11:28 AM
Jun 2018

The court did not find that the baker had a right to discriminate. Instead, it said the Commission approached its decision in the wrong way. The Court found that the commission showed a "hostility" to the baker's religious beliefs and that was impermissible under previously established law. But it did not rule that the baker was justified in denying service to the gay couple. The Court also noted that this case arose in 2012 when the state did not recognize gay marriage so the context and environment for the baker's decision was very different than it would be today and that should have been taken into account.

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


This case certainly isn't a "win" for the good guys but it's also not a loss nor is it a win for the bad guys. It looks to me like it's slightly more than a nothingburger, despite the media's hyperventillating.

https://www.democraticunderground.com/?com=edit&forum=1002&thread=10692135&pid=10692290

unblock

(52,257 posts)
12. it's definitely a "win" for the bad guys, though hopefully a relatively small one.
Mon Jun 4, 2018, 11:42 AM
Jun 2018

if it were truly a nothingburger or little more than that, they likely wouldn't have taken the case at all. usually when the supreme court bothers with hearing a case, they're hoping they can provide some clarity for the lower courts on the issue, or at least a part of it.

granted, sometimes they opt to hear a case in that hope, and it just doesn't pan out that way, but usually they're hoping to provide at least some clarity.


my view is that they will expand on this case in later cases. in particular, they will try to flesh out a framework for how the government must "respect" those "sincere religious beliefs" when it imposes regulations or decides cases and so on.

i think those later cases will be some decisions that give some truly bad results, but they will do it leaning on this case, which incorrectly (imho) determined that a bigotry-based desire to cause harm to others can be deemed a "sincere religious belief" and then somehow merit "respect" by the government.

in other words, the more concrete damage will come from later cases, but they will do so by building on the error in this case.

LostOne4Ever

(9,289 posts)
14. Thank you for clearing that up
Thu Jun 7, 2018, 02:03 AM
Jun 2018

And sorry for the late reply. I took a few days off politics after the ruling.



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