The Supreme Court has sided with the Colorado baker this week in the case that placed gay rights against claims of religious freedom. Leaving the question of whether or not a business can discriminate against LGBTQ based on rights that are protected by the First Amendment.
The 7-2 decision stated that state commission violated the Constitution’s protection of religious freedom ruling against the baker, Jack Phillips, who had refused to create a custom wedding cake for a gay couple.
Mullins and Craig did win before the Colorado civil rights commission and in the state courts.
and respectful consideration to which Phillips was entitled was compromised here,” said Justice Anthony M. Kennedy. “The Civil Rights Commission’s treatment of his case has some elements of a clear and impermissible hostility toward the sincere religious beliefs that motivated his objection.”
In a concurring opinion, Justice Thomas and Justice Gorsuch said they would have ruled in favor of Mr.Phillips on free speech grounds due to the artistic expression that is worthy of First Amendment Protection.
In dissent, Justice Ginsburg argued that there was not a reason for people to think that after seeing a wedding cake by Mr.Phillips, it would portray his views on same-sex marriage.
The Supreme Court’s decision left open the possibility for cases that raise a similar issue could be decided differently.
“The outcome of cases like this in other circumstances must await further elaboration in the courts,” Justice Kennedy wrote, “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.”