SETS NEW STANDARD
sion rights by ruling in favor of a same-sex couple the baker refused to bake a wedding cake for.
Specifically, Kennedy cited “official expressions of hostility to religion in some of the commissioners’ comments,” and held that the facts of this case demonstrated a violation of “the state’s duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint.”
But Kennedy was also careful to limit the ruling to the facts, making clear that in absence of evidence of the biased comments, there may not be a constitutional violation.
Justice Ruth Bader Ginsburg wrote a dissent that was joined by Justice Sonia Sotomayor.
Advocates on both sides of the case cheered aspects of the ruling.
“The court expressly declined to say it’s OK to use religion to discriminate against same-sex couples,” Rose said.
Massachusetts Attorney General Maura Healey said the decision “affirms the broad authority of states to enforce laws banning discrimination against LGBTQ people.”
But religious rights advocates said the ruling affirmed their view that anti-discrimination laws cannot go so far as to limit people’s ability to practice their religion freely.
“I have long been concerned by the erosion of religious liberty and the characterizing of some of the most basic religious convictions of millions of Americans as hateful or bigoted,” said Russell Moore, president of the Ethics & Religious Liberty Commission of the Southern Baptist Convention.
“We need to live in the kind of country where we can be free to persuade one another, not bully each other into silence,” Moore said.
But Sylvain Bruni, president of Boston Pride, said the ruling underscores there is still “discrimination in the LGBTQ community.”
“While the evangelicals are claiming victories, they have not won anything,” Bruni said.
The court is poised to hand down dozens more rulings — including the decision on Trump’s travel ban — before adjourning for the term in June.