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Supreme Court in October Term received more attention or raised more important issues than Masterpiece Cakeshop Ffee. Colorado Civil Rights Commission. All antidiscrimination statutes pose a tension between equality and liberty.
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Supreme Court rules narrowly for baker in same-sex wedding cake case. Rally in Washington, D. Supreme Court reversed in a 7—2 decision.
The Court did not reach eex central issues of the case: Would it violate free exercise of religion or freedom of speech under the First Amendment to force Masterpiece Cakeshop to de and bake a cake for a same-sex wedding? Instead, the Court found that the Colorado Civil Rights Commission had expressed impermissible hostility to religion and thus violated the free exercise clause of the First Amendment. And to me it is chicaggo of the most despicable pieces of rhetoric that people can use to—to use their religion to hurt others.
There is a great deal of discussion in the various opinions about these other instances and their ificance.
Was There Hostility to Religion? As described above, the Court points to three pieces of evidence as demonstrating impermissible hostility to religion by the Colorado Civil Rights Commission. To express the view that someone should not be able to inflict injury on others, here by discrimination, is not animus against religion. The second sentence is expressing an opinion that it is zex to use religion as a basis for hurting others.
That is not hostility to religion, but expressing the view that people should not be able to exercise their rights in a way that harms others. Finally, the Court pointed to other cases where the Colorado Civil Rights Commission ruled in favor of bakers who refused to make cakes with specific messages.
But those cases were clearly distinguishable because those bakers had not discriminated in a way cjicago violates the Colorado law. No one in the litigation disputed that Jack Phillips refused to bake a cake for Craig and Mullins because of their chcago orientation. By contrast, in the other cases, the bakers had refused to bake cakes with particular messages, but doing that did not violate the Colorado law because it did not involve discrimination based on race or sex or religion or sexual orientation.
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