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SCOTUS rules (7-2) in favor of Colorado cake baker Login/Join 
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Early summaries of the decision indicate that the Colorado commission that enforces the law was prejudiced in their approach to this particular incident, and it's not overturning the Colorado law.


--------------------------
Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.
-- H L Mencken

I always prefer reality when I can figure out what it is.
-- JALLEN 10/18/18
 
Posts: 9177 | Location: Illinois farm country | Registered: November 15, 2008Reply With QuoteReport This Post
Go ahead punk, make my day
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quote:
Originally posted by sigcrazy7:
quote:
Originally posted by Icabod:
USA Today started with "A divided Supreme Court on Monday absolved a Colorado baker of discrimination for refusing to create a custom wedding cake for a same-sex couple."


My guess is the editor was crying while writing the headline.
I mean when you are an editor writing to a 5th grade reading level and the only reason your newspaper is afloat is hotels buy it for each of their guests, who in turn use it to fill up their waste baskets... you'd be crying too. Wink
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
Corgis Rock
Picture of Icabod
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quote:
Originally posted by JALLEN:
quote:
Originally posted by newtoSig765:
[QUOTE]Originally posted by JALLEN

Still a narrow ruling in my mind if it's based on religion-only.

Point missed!
Colorado can make this baker bake a cake if they keep their mouths shut about his religious objections.


Colorado took the position that the customer determines the message. However, they took the opposite position when they ruled for the baker in cases where an anti-gay message was requested.

It seems Colorado is stuck. The baker can't say "No" and, at the same time, the baker can say "No." I wonder what would happen if one of the anti-gay cake cases comes up again.

As memory serves, the baker in this case was willing to sell any cake in the store, and to put the inscription what they wanted on it. He drew the line as the request was to design and create the wedding cake from the beginning.



“ The work of destruction is quick, easy and exhilarating; the work of creation is slow, laborious and dull.
 
Posts: 6060 | Location: Outside Seattle | Registered: November 29, 2010Reply With QuoteReport This Post
quarter MOA visionary
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quote:
Originally posted by hile:
I am happy to see Kagan siding with the majority here. I'm honestly surprised Sotomayor did not. I wasn't surprised when I saw that Ginsburg authored the dissent.


Sotomayor and Ginsberg were easy to guess then I heard 7-2. Very easy. Eek

A yet on a side note > you can COUNT on the drive by media and libs saying if you agree with the decision >>> YOU HATE GAYS. Roll Eyes
 
Posts: 22943 | Location: Houston, TX | Registered: June 11, 2006Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by TigerDore:
quote:
Originally posted by JALLEN:

Point missed!

Colorado can make this baker bake a cake if they keep their mouths shut about his religious objections.

If the baker refuses based solely on religious grounds, how could Colorado, or any other government entity, keep its mouth shut about his religious objections?



.


They need to keep their mouths shut about their objections to his objections.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
goodheart
Picture of sjtill
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Narrowly decided, but perhaps a “shot across the bow” to government entities to refrain from statements and behavior that are overtly anti-religious liberty. That would be very good.


_________________________
“ What all the wise men promised has not happened, and what all the damned fools said would happen has come to pass.”— Lord Melbourne
 
Posts: 18090 | Location: One hop from Paradise | Registered: July 27, 2004Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
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JUSTICE for the Christian Cake Baker! Supreme Court Rules Colorado Was Unfair and Hostile

Townhall.com
Marina Medvin

A bakery owned by a devout Christian, Masterpiece Cakeshop, Ltd, owned by Jack Phillips, was sued by a gay couple that intentionally targeted this business due to the owner’s religious beliefs.

Back in 2012, a gay couple asked Masterpiece Cakeshop, Ltd to bake them a cake for their gay wedding. Jack Phillips, the baker, advised them that he cannot do that because gay marriage conflicts with his religious beliefs and that he felt that baking the cake is a type of endorsement. Instead, he offered to sell the gay couple any pre-prepared goods from his bakery.

The couple anticipated this answer, as the baker was known for this practice. They sued him, asking the government to force the baker to bake their cake.

The Colorado Civil Rights Commission agreed with the gay couple. And they did more than that. They publicly mocked Christianity and the baker. They showed complete lack of impartiality and an unquestionable bias.

Colorado Civil Rights Commission at one point called Christianity “one of the most despicable pieces of rhetoric that people can use.” The Commission simultaneously favored the homosexual beliefs of the gay couple. Phillips was entitled to neutral and respectful consideration, which he did not receive.

Six years after the initial incident, the Supreme Court has finally ruled in favor of the baker and chastised the Commission for their unquestionable bias.

The Supreme Court decision, authored by Justice Kennedy, explains that the baker’s freedom of speech and free exercise of religion are protected by the First Amendment and that the Colorado Civil Rights Commission was constitutionally required to consider the case with religious neutrality but failed to do so.

“The Commission’s hostility was inconsistent with the First Amendment’s guarantee that our laws be applied in a manner that is neutral toward religion,” Kennedy wrote, as he reversed the judgment of the Colorado Court of Appeals.

“To Phillips, his claim that using his artistic skills to make an expressive statement, a wedding endorsement in his own voice and of his own creation, has a significant First Amendment speech component and implicates his deep and sincere religious beliefs.” But the Colorado Civil Rights Commission did not fairy review Phillips’ position. They were unfair to the Christian, publicly hostile to him and the religion, and biased in favor of the gay couple, Kennedy explained.

Important to take away from this decision is that the court recognized the legal interests of the gay couple and stated that businesses cannot deny selling all goods and services to protected groups.

“… if a baker refused to sell any goods or any cakes for gay weddings, that would be a different matter and the State would have a strong case under this Court’s precedents that this would be a denial of goods and services that went beyond any protected rights of a baker who offers goods and services to the general public and is subject to a neutrally applied and generally applicable public accommodations law.”

Phillips’ case is different, Kennedy wrote, because he was asked to use “his artistic skills to make an expressive statement, a wedding endorsement in his own voice and of his own creation,” which is narrower in scope and specifically invokes the First Amendment.

With the Supreme Court’s decision, both Christians and gays received protection from the Court for their beliefs. This decision was fair and balanced in its analysis, protective of all.

Freedom of speech, freedom of sexuality, and freedom of religion remain protected in America.

Link




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Political Cynic
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that is awesome news...



[B] Against ALL enemies, foreign and DOMESTIC


 
Posts: 53236 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Political Cynic
Picture of nhtagmember
posted Hide Post
quote:
Originally posted by RHINOWSO:
quote:
Originally posted by sigcrazy7:
quote:
Originally posted by Icabod:
USA Today started with "A divided Supreme Court on Monday absolved a Colorado baker of discrimination for refusing to create a custom wedding cake for a same-sex couple."


My guess is the editor was crying while writing the headline.
I mean when you are an editor writing to a 5th grade reading level and the only reason your newspaper is afloat is hotels buy it for each of their guests, who in turn use it to fill up their waste baskets... you'd be crying too. Wink


7-2 is divided? how about 8-1 or 9-0

USA - the toilet paper of newspapers

and yes, that's sometimes unfair to the toilet



[B] Against ALL enemies, foreign and DOMESTIC


 
Posts: 53236 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Ubique
Picture of TSE
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Any chance that the Colorado civil rights commission will see some disciplinary action, personnel retraining, further over sight?
It seems to be pretty common for these commissions to operate as though on a crusade for progressiveness, and although often wrong I have yet to see any repercussions for ruining people's lives.


Calgary Shooting Centre
 
Posts: 1496 | Location: Alberta | Registered: July 06, 2004Reply With QuoteReport This Post
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How would this decision apply/not apply to a vaguely analogous situation of not wanting to rent an apartment to a gay couple ?


"Crom is strong! If I die, I have to go before him, and he will ask me, 'What is the riddle of steel?' If I don't know it, he will cast me out of Valhalla and laugh at me."
 
Posts: 6641 | Registered: September 10, 2007Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
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quote:
Originally posted by BamaJeepster:
Held: The Commission’s actions in this case violated the Free Exercise
Clause.

"Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission's consideration of this case was inconsistent with the State's obligation of religious neutrality. The reason and motive for the baker's refusal were based on his sincere religious beliefs and convictions."


Link to decision:
https://www.supremecourt.gov/o...7pdf/16-111_j4el.pdf


I read through the whole thread up to this point. I need help understanding.

The baker won his case because of the demonstrated bias of the commission and not because the baker has the right of free speech or religion???

I thought the baker's argument was his right to free speech?

This is a good decision that the baker won but this isn't a very good decision because it was based on the commission's actions?

Are you saying this doesn't protect any other baker, let alone wedding photographers especially if the local commission keep silent about their prejudices? How about churches that rent out their buildings for weddings?

I'm confused.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 19713 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
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Picture of CQB60
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Thank you for the clarification. I mistook the concurring opinion in the brief. Breyer should still retire
quote:
Originally posted by Shaql:
quote:
Originally posted by CQB60:
Kagan & Breyer were the two in dissent. Kagan should’ve recused herself due to her “orientation”and Breyer? Just retire...


KENNEDY, J.,delivered the opinion of the Court, in which ROBERTS,C. J.,and BREYER, ALITO, KAGAN, and GORSUCH, JJ., joined.

KAGAN, J., filed a concurring opinion, in which BREYER, J., joined.

GORSUCH, J., filed a concurring opinion, in which ALITO,J., joined.

THOMAS, J., filed an opinion concurring in part and concurring in the judgment, in which GORSUCH, J., joined.

GINSBURG, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined.


______________________________________________
Life is short. It’s shorter with the wrong gun…
 
Posts: 13819 | Location: VIrtual | Registered: November 13, 2009Reply With QuoteReport This Post
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Multibillion dollar marketing opportunity:

Some national bakery chain needs to market little rainbow-frosting cupcakes, called "Gay Cakes". Smile

How about "Gay Twinkies" ? LOL!


"Crom is strong! If I die, I have to go before him, and he will ask me, 'What is the riddle of steel?' If I don't know it, he will cast me out of Valhalla and laugh at me."
 
Posts: 6641 | Registered: September 10, 2007Reply With QuoteReport This Post
Now in Florida
Picture of ChicagoSigMan
posted Hide Post
quote:
Originally posted by Rey HRH:
quote:
Originally posted by BamaJeepster:
Held: The Commission’s actions in this case violated the Free Exercise
Clause.

"Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission's consideration of this case was inconsistent with the State's obligation of religious neutrality. The reason and motive for the baker's refusal were based on his sincere religious beliefs and convictions."


Link to decision:
https://www.supremecourt.gov/o...7pdf/16-111_j4el.pdf


I read through the whole thread up to this point. I need help understanding.

The baker won his case because of the demonstrated bias of the commission and not because the baker has the right of free speech or religion???

I thought the baker's argument was his right to free speech?

This is a good decision that the baker won but this isn't a very good decision because it was based on the commission's actions?

Are you saying this doesn't protect any other baker, let alone wedding photographers especially if the local commission keep silent about their prejudices? How about churches that rent out their buildings for weddings?

I'm confused.


Your analysis is correct. This is actually a very weak and narrow decision. It is a victory for the bakery in this case, but I wouldn't call it a victory for the First Amendment (speech or religion).

As they usually do, the justices decided the case on the narrowest possible grounds and avoided dealing with the difficult constitutional questions. That's just how they work.
 
Posts: 6065 | Location: FL | Registered: March 09, 2009Reply With QuoteReport This Post
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quote:
Originally posted by ChicagoSigMan:
As they usually do, the justices decided the case on the narrowest possible grounds and avoided dealing with the difficult constitutional questions. That's just how they work.

Better they take this route rather than being open to accusations of writing their own laws. That would be, and has been, way too progressive. I'm guessing they didn't think this was worthy of being called a constitutional question, so we'll have to wait for a cleaner case.


--------------------------
Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.
-- H L Mencken

I always prefer reality when I can figure out what it is.
-- JALLEN 10/18/18
 
Posts: 9177 | Location: Illinois farm country | Registered: November 15, 2008Reply With QuoteReport This Post
Don't Panic
Picture of joel9507
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quote:
Originally posted by Crom:
How would this decision apply/not apply to a vaguely analogous situation of not wanting to rent an apartment to a gay couple ?

I think they went out of their way not to give any guidance on that topic, which is why some are calling this a 'narrow' decision.
 
Posts: 15037 | Location: North Carolina | Registered: October 15, 2007Reply With QuoteReport This Post
I believe in the
principle of
Due Process
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posted Hide Post
The baker didn’t bake the cake, and does not have to comply with the Colorado Civil Rights order to monitoring, training, reporting etc. They can’t make him because of the commission’s expressed hostility to his religious views.

Kind of like Trump’s comments about Muslims are clouding the immigration policy.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Member
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I expect this baker will now be the target of vile hatred from those who preach tolerance, if he hasn't already.
 
Posts: 327 | Location: Oklahoma City, OK | Registered: April 07, 2011Reply With QuoteReport This Post
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Tolerance

Of course he got a full does of leftist tolerance some time ago.
 
Posts: 327 | Location: Oklahoma City, OK | Registered: April 07, 2011Reply With QuoteReport This Post
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