Saturday, July 8, 2017
Can a Baker Refuse to Make a Gay Wedding Cake?
One of the most contentious cases the Supreme Court will hear in its term beginning October 2nd is the enticingly named Masterpiece Cakeshop v Colorado Civil Rights Division, Charlie Craig, and David Mullins.
It’s not every day that the justices hear a conflict between a sweets purveyor and both a gay couple and a government agency charged with policing discrimination. But the clash was inevitable.
Two years ago, in Obergefell v Hodges, Justice Anthony Kennedy inserted a caveat into his otherwise sweeping majority opinion opening marriage laws nationwide to gays and lesbians. “[T]hose who adhere to religious doctrines”, he wrote, “may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned” and they are protected in this mission by the First Amendment. The court will now clarify how far this umbrella extends.
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