Supreme Court Rules For Baker in Same-Sex Wedding Cake Case

The U.S. Supreme Court ruled today in favor of a baker who refused to make a wedding cake for a same-sex couple.

What both sides argued

• In a 7-2 decision, the court held that the Colorado Civil Rights Commission didn't adequately take into account the baker’s religious beliefs.
• The court found that 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."
• Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented, arguing that a few commission members’ religious hostility did not change the fact that Phillips had violated the Colorado Anti-discrimination Act.
• The court seemed to leave open the possibility that a different outcome could result in a future case, such as one that did not involve religious intolerance.
• The court did not rule at all on one of the central arguments in the case: whether compelling Phillips to bake a cake for a same-sex couple would violate his right to free speech.
• The unresolved issues in this case are almost certain to arise in future cases. As Justice Kennedy wrote in his majority opinion:

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.

What do you think?

Should private businesses be required to serve all customers, regardless of such factors as their sexual orientation? Would such a requirement violate a person’s First Amendment rights? Hit Take Action, then share your thoughts below.

—Sara E. Murphy

(Photo Credit: Davidlud)