Wedding cake decision skirts gay rights question

The Supreme Court ruled Monday for a Colorado baker who wouldn’t make a wedding cake for a same-sex couple in a limited decision that leaves for another day the larger issue of whether a business can invoke religious objections to refuse service to gay an

The Ruling

Justice Anthony Kennedy, writing for the majority in a 7-2 decision, relied on narrow grounds, saying a state commission had violated the Constitution’s protection of religious freedom in ruling against a Colorado baker, Jack Phillips, who in 2012 had refused to create a custom wedding cake for a gay couple. Chief Justice John Roberts and Justices Stephen Breyer, Samuel Alito, Elena Kagan and Neil Gorsuch joined the majority opinion. Justice Clarence Thomas voted with the majority but would have adopted broader reasons. Justice Ruth Bader Ginsburg, joined by Justice Sonia Sotomayor, dissented.

The Reason

Kennedy’s opinion focused on the commission proceedings, which had acted with “clear and impermissible hostility” to religious beliefs. Kennedy said the neutrality of the proceedings was compromised. He singled out one commissioner for his perceived anti-religion bias, “inappropriate for a commission charged with the solemn responsibility of fair and neutral enforcement of Colorado’s anti-discrimination law.”

The Reactions

Alliance Defending Freedom Senior Counsel Kristen Waggoner, who represented Phillips, praised the ruling. “Government hostility toward people of faith has no place in our society, yet the state of Colorado was openly antagonistic toward Jack’s religious beliefs about marriage,”she said. The American Civil Liberties Union, which represented Mullins and Craig, said it welcomed the parts of the majority opinion that reaffirmed legal protections for gay men and lesbians. “The court reversed the Masterpiece Cakeshop decision based on concerns unique to the case but reaffirmed its long-standing rule that states can prevent the harms of discrimination in the marketplace, including against LGBT people,” said Louise Melling, the group’s deputy legal director.

What’s Next

In its decision, the Supreme Court strongly reaffirmed protections for gay rights and left open the possibility that other cases raising similar issues could be decided differently. Kennedy wrote that any disputes must be resolved with tolerance and respect for both sides.