In Narrow Decision, Supreme Court Decides In Favor Of Baker Over Same-Sex Couple

Jun 4, 2018

By Nina Totenberg

The U.S. Supreme court dodged a major ruling on the question of whether business owners can refuse services to gay individuals based on their religious objections.

In a case brought by a Colorado baker, the court ruled by a 7-2 vote that he did not get a fair hearing on his complaint because the Colorado Civil Rights Commission demonstrated a hostility to religion in its treatment of his case.

Writing for the case, Justice Anthony Kennedy said that while it is unexceptional that Colorado law “can protect gay persons in acquiring products and services on the same terms and conditions that are offered to other members of the public, the law must be applied in a manner that is neutral toward religion.”

He said that while in this case the Colorado baker, Jack Phillips, understandably had difficulty in knowing where to draw the line, because the state law at the time affording store keepers some latitude to decline to create specific messages they considered offensive. Kennedy pointed to the Colorado commission’s decision allowing a different baker to refuse to put an anti-gay message on a cake.

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One comment on “In Narrow Decision, Supreme Court Decides In Favor Of Baker Over Same-Sex Couple”

  • @OP – Writing for the case, Justice Anthony Kennedy said
    that while it is unexceptional that Colorado law
    “can protect gay persons in acquiring products and services on the same terms and conditions that are offered to other members of the public,
    the law must be applied in a manner that is neutral toward religion.”

    So in their faith-blinkered, biased, oxymoronic, thinking – favouring one religious group over others, shows “neutrality”!

    Meanwhile in a top court using rational thinking:-

    http://www.bbc.co.uk/news/world-europe-44366898

    The European Union’s top court has ruled in favour of a Romanian gay man’s right to have his US husband live with him in Romania.

    The country, which does not recognise same-sex marriage, had argued that the American was not entitled to the EU residency rights awarded to spouses.

    But the European Court of Justice said the term “spouse” was gender neutral.

    Adrian Coman and his American partner Clai Hamilton were married in Brussels in 2010.

    The European Court of Justice (ECJ) ruled on Tuesday that member states should recognise gay marriages contracted in fellow EU states, and grant couples the same residency rights that other families enjoy.

    “Although the member states have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory,” the court said.



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