June 04, 2018 09:33 AM UTC

SCOTUS Sides With Masterpiece Cakeshop in Strange Ruling

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• by: Colorado Pols

UPDATE #4: Via KUNC’s Bente Birkeland:

Statement from the CO Civil Rights Division:
“The Colorado Civil Rights Division respects the ruling of the Supreme Court of the United States. The decision does not alter the Colorado Anti-Discrimination Act or its protections.”#coleg #copolitics #cogov

— Bente Birkeland (@BenteBirkeland) June 4, 2018

None of the commissioners who served in 2012 during the Masterpiece Cakeshop case are still serving on the commission today. According to the Dept of Regulatory Affairs. #coleg #copolitics #cogov

— Bente Birkeland (@BenteBirkeland) June 4, 2018

Statement from One Colorado:

Today’s ruling by the Supreme Court does not change our country’s long-standing principle that businesses open to the public must be open to all. While we are disappointed the Court ruled in favor of Masterpiece Cakeshop and their discrimination against Dave Mullins and Charlie Craig, the fact remains that Colorado has a civil rights division and anti-discrimination laws that equally protect the fundamental rights of all Coloradans.”

“We strongly believe that the freedom of religion must be defended as one of our most fundamental values as Americans, but that freedom cannot be used to harm others or discriminate against others. Coloradans across our state – including LGBTQ Coloradans and their families – can take heart from today’s decision that no matter who you are, who you love, or what you believe, you will still be protected in our state from discrimination in the areas of employment, housing, and public accommodations.

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UPDATE #3: There appears to be plenty of agreement among legal experts that today’s ruling is fairly pointless. From CNN:

“Today’s decision is remarkably narrow, and leaves for another day virtually all of the major constitutional questions that this case presented,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. “It’s hard to see the decision setting a precedent.”

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UPDATE #2: Rep. Jared Polis, a leading Democratic candidate for governor:

This is a disheartening ruling for the #LGBTQ community, and a sad reminder that we have a long way to go in building a nation where everyone is free from discrimination, regardless of who they are or who they love. #SCOTUS #PrideMonth #LoveIsLove pic.twitter.com/YjYcCIrgbf

— Polis for Colorado (@PolisForCO) June 4, 2018

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UPDATE: AP via Colorado Public Radio:

The Supreme Court of the United States has ended a five-year legal battle in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, ruling that the commission’s actions violated the Free Exercise Clause.

The court is not deciding the big issue in the case, whether a business can invoke religious objections to refuse service to gay and lesbian people. [Pols emphasis]

Justice Anthony Kennedy wrote the the opinion for the court, which voted 7-2 to reverse a lower court’s ruling. Justices Ginsburg and Sotomayor dissented. The justices’ limited ruling turned on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips.

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My read of Masterpiece Cakeshop opinion is that Colorado law is valid, denying service to gays is discriminatory, and the only problem was how the Commission handled this particular case. #coleg #copolitics

— Pat Steadman (@PatSteadman) June 4, 2018

CNN reports, we’re working on getting more local responses to today’s important but narrow decision from the U.S. Supreme Court in favor of a Lakewood cake baker who refused to bake a wedding cake for a gay couple:

The court held that the Colorado Civil Rights Commission showed hostility toward the baker based on his religious beliefs. The ruling is a win for baker Jack Phillips, who cited his beliefs as a Christian, but leaves unsettled broader constitutional questions on religious liberty.

“Today’s decision is remarkably narrow, and leaves for another day virtually all of the major constitutional questions that this case presented,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. “It’s hard to see the decision setting a precedent.”

The ruling, written by Justice Anthony Kennedy, held that members of the Colorado Civil Rights Commission showed animus toward Phillips specifically when they suggested his claims of religious freedom was made to justify discrimination.

It’s a decision sure to energize both sides of the debate, since it appears to focus very specifically on the circumstances of this one case rather than addressing the broader issue of whether religious freedom entails a right to refuse service to persons who offend a business owner’s beliefs. Conservatives are certain to overreach in their interpretation, but the lopsided ruling does oblige LGBT rights advocates to fully understand their reasoning in order to properly respond. Colorado’s Justice Neil Gorsuch wrote a separate concurring opinion with Samuel Alito, which may well stake out ideological ground the court’s majority does not.

There will be much to update as reactions come in, so watch this space.