Supreme Court deeply divided over gay wedding cake

Masterpiece Cake case goes before the Supreme Court

The case, which the court will decide by June, is Masterpiece Cakeshop v. Colorado Civil Rights Commission, 16-111.

David Cole, an attorney for Mullins, a 33-year-old poet and musician, and Craig, a 37-year-old interior designer, said he respected the sincerity of Phillips' convictions.

"Generally, the bread kitchen looks for a protected appropriate to hang a sign in its shop window announcing, 'Wedding Cakes for Heterosexuals Only, '" the ACLU's David D. Cole wrote in court briefs.

The two sides concur that a decision for Phillips would likewise open the way to claims from other people who take part in proficient administrations - flower specialists, for instance - to guarantee that their religious freedom exempts them from open convenience laws material to different organizations.

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The case will have its most direct impact on the approximately 22 states that bar discrimination on the basis of sexual orientation by establishments that do business with the public.

The U.S. Supreme Court will allow a ruling that there is no de facto right to government benefits for legally married same-sex couples in Texas to stand.

However, the Court, rather than ruling in favor of religious liberty, or alternatively in favor of gay rights, might reach a compromise result similar to the recent ones in Kentucky and in Colorado which balanced the two apparently competing interests, says public interest law professor John Banzhaf.

Flash forward to 2012, when same sex marriage was not yet legal in Colorado, but two men walked into the bakery. "If that's the case, how do you draw a line?" In 2015 the US Supreme Court overturned the ban on same-sex marriage. ABC News reports that Kennedy has expressed sympathy for both sides of the case: He said that the Colorado Civil Rights Commission did not appear to be "tolerant nor respectful of Mr. Phillips' religious beliefs", but also noted that ruling in Phillips' favor could lead to shops putting up signs like "We do not bake cakes for gay weddings".

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"When we have someone that is sketching and sculpting and hand-designing something, that is creating a temporary sculpture that serves as the centerpiece of what they believe to be a religious wedding celebration", Waggoner said. Justice Samuel Alito said a baker could be forced to design a cake celebrating Kristallnacht, the 1938 European wave of violence against Jews. While she argued that the free exercise clause forbids the commission from targeting Phillips "and like-minded believers for punishment", she reserved the bulk of her brief for the free speech clause, perhaps targeting Kennedy, who has at times shown an expansive view of free speech. "It's about the right of gay people to receive equal service".

Waggoner argued that a person viewing one of Phillips' custom wedding cakes - his "artistic expression" - would "understand that it celebrates and expresses support for the couple's marriage". "I don't feel like we asked for a piece of art, or for him to make a statement, we simply asked him for a cake, and he denied that to us simply because of who we are".

The couple is being spoken to in court by the American Civil Liberties Union.

The Democratic National Committee also weighed in on the case, vowing to eventually change the law to recognize same-sex spouses' marriages.

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The Fourteenth Court of Appeals sent the matter back to the lower court for a decision in line with that ruling. He is defended in the court by Alliance Defending Freedom, which argues that Jack's faith motivates his business and following Colorado's anti-discrimination law would "force him to strip every ounce of his faith out" of his bakery. And that was despite a dissent from Trump's most recently appointed Justice Neil Gorsuch.



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