SCOTUS rules in favor of baker who did not serve gay couple

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ASPartOfMe
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04 Jun 2018, 2:09 pm

SCOTUS Rules in Favor of Baker Who Wouldn’t Make Cake for Gay Couple

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In a closely watched case, the Supreme Court on Monday ruled in favor of a Colorado baker who refused to make a custom cake for a gay couple. But the 7–2 decision was narrow in its scope, leaving open the possibility that a similar case might be brought before the court in the future, and that it could go the other way.

But the Court stayed away from a broad ruling on this conflict, and instead based its decision on the failure of the Colorado Civil Rights Commission to take Phillips’s religious views seriously.

Justice Anthony Kennedy, on whose vote the case was expected to hinge, wrote for the majority. He was joined by the four other justices on the conservative wing of the court, but also by two on the liberal-leaning side, Elena Kagan and Stephen Breyer.

“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.”


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04 Jun 2018, 2:59 pm

Well, isn't that just special!

I wonder how long that baker will stay in business with all of the pickets, boycotts, and bad publicity directed at him (her?).

Honestly, it's been so long since I first read about this that it's "fallen of my radar".

:shrug:


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04 Jun 2018, 3:03 pm

So does that mean if I own a business and state it is against my religion to serve Christians than I should have the right to do that? And if challenged In court I can just cite that my religious beliefs where not being taken seriously enough.


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Fnord
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04 Jun 2018, 3:09 pm

Sweetleaf wrote:
So does that mean if I own a business and state it is against my religion to serve Christians than I should have the right to do that? And if challenged In court I can just cite that my religious beliefs where not being taken seriously enough.
"Should"? Heck, you already DO have that right!! !

Just remember that the free exercise of your rights is going to offend somebody, especially somebody who believes that as a merchant, you are a slave to whoever walks in the door!


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ASPartOfMe
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04 Jun 2018, 3:31 pm

Sweetleaf wrote:
So does that mean if I own a business and state it is against my religion to serve Christians than I should have the right to do that? And if challenged In court I can just cite that my religious beliefs where not being taken seriously enough.


It is a limited ruling that apparently did not define free speech/religion rights.


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04 Jun 2018, 3:47 pm

"We Reserve The Right To Refuse Service To Anyone"

I see this sign in a lot of mom-and-pop stores and restaurants near where I live.

It is a right that every merchant everywhere has.

The caveat is that if a merchant exercises this right, then that merchant should be prepared for a backlash from anyone who sympathizes with the person who was not served by the merchant.

While merchants have the right to refuse service, potential customers have a similar right to refuse to buy anything from that merchant.

What goes around comes around.


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04 Jun 2018, 3:55 pm

^ That doesn't apply to protected classes of people.

For example, you can refuse to serve a person because he's being rude; however, you could not refuse to serve a person because he is black. "Race" is a protected category, while "behavior" is not.

As it so happens, being gay is only a protected category in a few states.


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04 Jun 2018, 4:01 pm

XFilesGeek wrote:
^ That doesn't apply to protected classes of people. For example, you can refuse to serve a person because he's being rude; however, you could not refuse to serve a person because he is black. "Race" is a protected category, while "behavior" is not. As it so happens, being gay is only a protected category in a few states.
Point taken.

With protected classes of people, the "karma" can be more intense, and more swiftly delivered.

Protection or not, a wise merchant knows the difference between "behavior" and "lifestyle".


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09 Jun 2018, 8:21 pm

GOOD!!

I realize it's a limited verdict, or whatever----and I wish it was better-defined----but I wish more people would stand-up for their rights. Too many times people think others' rights should be taken-away, so they can have their own rights----such hypocrisy, IMO. Can't anyone have a / settle for "medium" (meaning, in this instance "find a happy medium)?

If one goes to a business and they won't serve them, or whatever, cuz they're ugly (LOL), go find a business that WILL serve your ugly butt!! I know that sounds like a silly emotional response on my part, but I'm sick and tired of people WHINING----oh, boo hoo, he hurt my feelings----then, the people get their way; someone enables their continued whining!!

The recent incident with Starbuck's callin' the cops on a couple of black men that wanted to use the bathroom without buying something, is a prime example, IMO, of a business buckling and thus enabling the whining to continue. Starbucks, of all people (a major corporation) could afford the very, VERY slight reduction in profits (IMO) that it MIGHT cost them. I was terribly sadden by their decision to make such a big deal out of closing down their stores and announcing that they were gonna have a "sensitivity class" for their employees, or whatever it was. Like I said, I feel they could have afforded what I feel would have amounted to a very minute loss. Sure, a-million-and-one people would've jumped on the "How dare they" bandwagon, just so they could whine, TOO----but, come Monday morning, they'd be stoppin'-by for their cup of Joe. Just ask Chick-fil-A if it hurt their business when they said something about gay people; the answer would be "nada".

I think "protected class" is a bunch of horse-hockey, as well, BTW. As I've said before, I miss the days when people could pick-on whomever they wanted (the Archie Bunker days), and the person getting picked-on would just have to grow a spine!!

I hope this bakery has more business than they know what to do with----that their profit margin skyrockets----and, God bless 'em!! Am I against gay people? Certainly not----and I've said this many times, on here! I AM, however, FOR people's rights, and FOR government keepin' their noses OUT of those rights!!





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LoveNotHate
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09 Jun 2018, 8:34 pm

The baker will always win or you risk eating spit.


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kokopelli
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09 Jun 2018, 8:56 pm

ASPartOfMe wrote:
SCOTUS Rules in Favor of Baker Who Wouldn’t Make Cake for Gay Couple
Quote:
In a closely watched case, the Supreme Court on Monday ruled in favor of a Colorado baker who refused to make a custom cake for a gay couple. But the 7–2 decision was narrow in its scope, leaving open the possibility that a similar case might be brought before the court in the future, and that it could go the other way.

But the Court stayed away from a broad ruling on this conflict, and instead based its decision on the failure of the Colorado Civil Rights Commission to take Phillips’s religious views seriously.

Justice Anthony Kennedy, on whose vote the case was expected to hinge, wrote for the majority. He was joined by the four other justices on the conservative wing of the court, but also by two on the liberal-leaning side, Elena Kagan and Stephen Breyer.

“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.”


That's not very accurate. They really didn't decide anything important. All they did was avoid a real decision.

Instead of a win, it was like a ten yard penalty and repeat the down.



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09 Jun 2018, 9:36 pm

LoveNotHate wrote:
The baker will always win or you risk eating spit.

LOLOLOL That is SOOOOO true!! If only more people would have the brains to not be mean / nasty / disrespectful to waiters, and other "food professionals".





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