Kennedy conflicted in wedding cake case at Supreme Court
Fierce defender of free speech criticizes both sides on issue
WASHINGTON — On a sharply divided Supreme Court, the justice in the middle seemed conflicted Tuesday in the court’s high-stakes consideration of a baker who refused to make a wedding cake for a same-sex couple in 2012.
The argument focused equally on baker Jack Phillips’ right to refuse to put his talents to use in support of something with which he disagrees and the Colorado couple’s right to be treated like any other two people who wanted a cake to celebrate their marriage.
Both views were reflected by Justice Anthony Kennedy, author of all the court’s major gay-rights decisions and a fierce defender of free speech. The outcome seemed to rest with the 81-year-old justice, who often finds himself with the decisive vote in cases that divide the court’s conservatives and liberals.
Phillips and the couple, Charlie Craig and David Mullins, were in the courtroom for arguments.
On the one hand, Kennedy pointed to photographers, florists, designers and even jewelers who might be able to refuse working on a same-sex wedding if the court rules for Phillips.
“It means that there’s basically an ability to boycott gay marriages,” said the author of the 2015 opinion extending same-sex marriage nationwide.
On the other hand, Kennedy criticized the Colorado Civil Rights Commission that found Phillips violated the state’s antidiscrimination law.
“It seems to me that the state … has been neither tolerant nor respectful of Mr. Phillips’ religious beliefs,” Kennedy said.