I’ll let these two press releases on the tensions between religious freedom and gay rights speak for themselves:
Log Cabin Republicans Response to Masterpiece Cakeshop Decision
Washington, D.C. — Moments ago, the United States Supreme Court issued its long-awaited opinion in the case Masterpiece Cakeshop v. Colorado Civil Rights Commission. In a 7-2 decision, the court ruled on narrow grounds, concluding that Masterpiece Cakeshop owner Jack Phillips was treated with undue hostility because of his sincerely held religious beliefs.
In response, Log Cabin Republicans President Gregory T. Angelo issued the following statement:
When faced with the contentious issue of balancing religious freedom and LGBT equality, today the Supreme Court wisely decided to hit the pause button. There will be many on the left who will say that this ruling opens the door to rampant discrimination, and many on the right who will declare that this is a major milestone for advocates of religious liberty — but neither will be correct. The fact that Justices appointed by Presidents Clinton and Obama sided with Masterpiece Cakeshop should be an indication that there is more nuance to this decision than meets the eye. In writing for the majority of the Court, Justice Anthony Kennedy declared the ‘outcome of cases like this in other circumstances must await further elaboration in the courts’; we look forward to that day. More than anything else, the Masterpiece Cakeshop decision shines a spotlight on the glaring absence of federal LGBT non-discrimination legislation. Log Cabin Republicans remains committed to passing such protections while also honoring the religious liberty upon which our nation was founded.
and
Texas Values: Cake Baker Supreme Court Victory! Religious Freedom Clause Key To Historic Win
Washington, D.C. —This morning the U.S. Supreme Court released its decision, holding 7-2 that the Colorado government violated the constitutional rights (Free Exercise Clause) of private business owner and cake baker Jack Phillips. Last year, Texas Values joined 32 state family policy organizations from across the country supporting Colorado cake shop owner Jack Phillips, a supporter of traditional marriage who is being forced by the government to make a cake with a specific theme: celebrating a same-sex wedding ceremony.
Find the Court’s full opinion here https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf
“This is an important religious liberty victory for a private business owner who prevailed over the wrongful attempts of the government to punish Jack Phillips for his faith. This decision will go a long way to helping Texas lawmakers pass state law protection on these specific religious freedom attacks from local government laws like Dallas, Austin, and San Antonio, just to name a few. The First Amendment protects religious liberty and freedom of speech and does not give government power to force artists such as Jack Phillips to express someone else’s message, particularly on an issue such as marriage that has been widely debated in our country,” said Jonathan Saenz, Lawyer and President of Texas Values.
Notable quotes from the opinion:
“The reason and motive for the baker’s refusal were based on his sincere religious beliefs and convictions.”
“To Phillips, creating a wedding cake for a same-sex wedding would be equivalent to participating in a celebration that is contrary to his own most deeply held beliefs.”
“[T]he religious and philosophical objections to gay marriage are protected views.”
“[G]overnment has no role in deciding or even suggesting whether the religious ground for Phillips’ conscience-based objection is legitimate or illegitimate.”
Background:
A May 2014 order by a state of Colorado government entity, the Colorado Civil Rights Commission, goes much further than simply ordering Phillips to “accommodate” the wishes of two men who in 2012 asked Phillips to design a wedding cake to celebrate their same-sex ceremony during a 30-second visit to Phillips’ store. Phillips is required by a Colorado government entity to re-educate his staff — most of whom are his family members — essentially telling them that he was wrong to operate his business according to his faith. He must also report to the government for two years, describing all cakes that he declines to create and the reasons why. As a result of this order, Phillips has lost an estimated 40 percent of his business. The Colorado Supreme Court declined to take the case after the state’s Court of Appeals affirmed the order. The U.S. Supreme Court case is Masterpiece Cake Shop v. Colorado.
Greg Degeyter says
Here’s what boggles my mind with all of this. Yes there was a religious freedom issue, but the case never should have reached this issue. The case is one that is essentially specific performance (it’s technically not, but closely related.) Courts don’t order specific performance when others are willing to perform the action.
The courts need to stop rewarding these test cases with a ruling when currently established jurisprudence already answers the question. Save the courts limited time/resources for true issues of undecided law.
Ross says
Specific performance has nothing to do with this case at all. Not even closely related. The case is about a business open to the public refusing to serve a customer based on a status that is protected under Colorado law. The Supremes found that a Colorado agency failed procedurally, allowing them to punt the case without making a controversial, difficult decision. The underlying issue is still not resolved.
Jeff Larson says
Greg, I think Justice Thomas’s opinion hinted at that without addressing it specifically. He certainly made the case that as Phillips approached the task, making a cake truly was an individual act of expression rather than providing a routine service such as checking the air in your tires or pressing your clothes.
MHJ says
This was a very narrow, procedural, decision and concluded only that the Colorado Civil Rights Commission, in its public hearing, expressed hostility to the baker’s invocation of sincerely held religious beliefs–“inconsistent with the State’s obligation of religious neutrality.” Those actions (and not the Commission’s ultimate decision) violated the Free Exercise Clause.
It was neither a victory nor a loss for either side.
The last paragraph stated: The outcome of cases like this in other circumstances must await further elaboration in the courts, 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.
Angus says
***MEDIA STEREOTYPE ALERT***
If TLC is to be believed, there are many gay men should should be able to bake a cake for a gay wedding.
DanMan says
Hunch was spot on. Gay warriors.
“We were all very upset, but I was angry and I felt dehumanized and mortified,” Mullins said. He said he vented his frustration on Facebook and was surprised at how “the story ended up catching fire,” with responses from local media and bloggers in other countries posting about it.
“We felt that the best way to honor the support that they had given us was to follow this complaint through,” he said. In the process, the ACLU said they found out about two other gay couples who had been refused a wedding cake from the same shop. Both have written affidavits in support of the discrimination claim.
http://www.foxnews.com/us/2013/06/07/gay-colorado-couple-sues-bakery-for-allegedly-refusing-them-wedding-cake.html