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Supreme Court to take case on baker who refused to sell wedding cake to gay couple

The Supreme Court on Monday said it will consider next term whether a Denver baker unlawfully discriminated against a gay couple by refusing to sell them a wedding cake.

Lower courts had ruled that Jack Phillips, the owner of Masterpiece Cakeshop, had violated Colorado’s public accommodations law, which prohibits refusing service to customers based on factors such as race, sex, marital status or sexual orientation.

There are similar lawsuits from florists, calligraphers and others who say their religious beliefs won’t allow them to provide services for same-sex weddings. But they have found little success in the courts, which have ruled that public businesses must comply with state anti-discrimination laws.

More here: https://www.washingtonpost.com/poli...top-table-main_masterpiece-10a:homepage/story
 

Ac30

Member
If this is upheld, would this render sexual orientation a protected class, similar to sex and race?
 

Amir0x

Banned
If this goes the wrong way, I hope a certain crowd of "both sides" folk feel the guilt deeply forever.

We know how Gorsuch is going to vote after the Arkansas case.
 

Zolo

Member
If it's judged based on similar reasons to the Arkansas case, I would think it'd still get a majority even if Kennedy was replaced since that got a 6-3 ruling?
 

DonShula

Member
So the outcome of this one either sets precedent for another protected class, or paves the way for states to conjure up some medieval "religious freedom protections" that would make Mike Pence blush. Hell of a split there.
 

TS-08

Member
If this is upheld, would this render sexual orientation a protected class, similar to sex and race?

I'm assuming you mean for the purposes of the federal constitution, but I don't see why it would. I don't think SCOTUS has to make any such ruling in order to hold that these individuals can't use the First Amendment to avoid compliance with similar state and local laws.
 

giga

Member
2016:

PF_16.09.28_ReligiousLiberty_lede420px.png
 

Ac30

Member
I'm assuming you mean for the purposes of the federal constitution, but I don't see why it would. I don't think SCOTUS has to make any such ruling in order to hold that these individuals can't use the First Amendment to avoid compliance with similar state and local laws.

Sort of, yes; I was hoping them ruling in favour of the complainants would essentially prevent businesses nationwide from discriminating against LGBT folks.
 

Steel

Banned
Wouldn't the best case have been the SC refusing to see the case, effectively leaving the lower courts decision as final?

No, the absolute best case is for the Supreme court to reinforce the lower courts decisions.
 
Is a business owner allowed to refuse service to someone for reasons that do not fall under a protected class? For example, if someone comes in wearing a red shirt, and the owner doesn't like red shirts, can he say "sorry I'm not serving you"? Is it like at will employment where you can't fire someone because of their race, gender, etc, but you can fire them for no reason?
 

TS-08

Member
Sort of, yes; I was hoping them ruling in favour of the complainants would essentially prevent businesses nationwide from discriminating against LGBT folks.

Don't think a ruling on this will do anything for states and local jurisdictions that have no such protections. That said, a ruling that such services can refuse service may potentially have far-reaching effects, even if SCOTUS tried to cabin its scope to the facts at hand.
 

Barzul

Member
Roberts?

I'd assume Kennedy.

Roberts dissented in Obergefell

If Kennedy doesn't retire by then. I was hedging on that. I think Roberts is the only conservative justice that is looking at Obergefell as settled law. If Kennedy is still on the court then it's probably a 6-3 decision.
 

Zoe

Member
Is a business owner allowed to refuse service to someone for reasons that do not fall under a protected class? For example, if someone comes in wearing a red shirt, and the owner doesn't like red shirts, can he say "sorry I'm not serving you"? Is it like at will employment where you can't fire someone because of their race, gender, etc, but you can fire them for no reason?

Yes
 
I find it ridiculous how there are justice who will and would rule that religious orientation is a protected class but suddenly gay people get shat on and discriminated against and all that legal precedent vanishes overnight.

Bigotry is always disgusting and irrational but these are the highest court in all the land and still refuse to put their bigotry aside for what s legally right.
 

Log4Girlz

Member
Is a business owner allowed to refuse service to someone for reasons that do not fall under a protected class? For example, if someone comes in wearing a red shirt, and the owner doesn't like red shirts, can he say "sorry I'm not serving you"? Is it like at will employment where you can't fire someone because of their race, gender, etc, but you can fire them for no reason?

No shirt, no shoes, no service.
 

foxdvd

Member
I don't see this case getting more than 3 people voting stupid...probably 2 actually.

Because of that it is a VERY good thing this is going before them.
 

RaidenZR

Member
I've heard this Jack Phillips guy speak on the news before and he's definitely a special kind of asshole. Hateful, bigoted person but hides behind religion as an excuse for it. Fuck you and your cakes.

Can't stand that this needs to get to the Supreme Court level, but here's hoping goodness prevails and he gets justice served up to him.
 

Stranya

Member
This has been a live issue for some time here in the UK, where sexual orientation is a protected characteristic, not just in the workplace, but in the provision of goods and services. I'm an employment lawyer and worked with these issues.

As it happens, there was a case just like this here, where the Court of Appeal (the second-highest court) ruled against a Christian couple who refused to bake a cake with a pro-gay slogan.

Religion or belief is also a protected characteristic, and case law inevitably results when it clashes with sexual orientation protection.

Generally, the courts have upheld the complaints against the religious defendants, on the basis (put very very simply) that you can think what you like, but the law says you can't act on that to the detriment of others' protected rights.
 
Also hasn't this bigoted prick and his bigoted family made a shitload od money from conservative crowd funding him and making his business a virtual "assholes Mecca"?
 
I'm not expecting good news for this ruling considering their hobby lobby ruling and their ruling in favor of Texas's discrimination laws.

Kennedy may have ruled in favor of Gay Marriage, but he still favors the bullshit argument that religion is an excuse to discriminate.
 

foxdvd

Member
It makes me wonder if businesses that want to discriminated based on sexual orientation will start to do the same thing some gun ranges have been doing to keep out Muslims. To use their services they require a membership, which they then will not give to someone based on their religion. Not sure if this will hold up in court, but this is not something new. A lot of private clubs/bars started giving out memberships many years ago to keep minorities out when the courts ruled you could not keep them out based on race....

Unrelated cake story...

When my son was younger his xbox user name was Dr Sock Monkey. For his birthday I put "Happy Birthday Dr Sock monkey!" on a cake. When I went to pick up the cake the girl handed it to me, and I opened it to find "Happy 50th anniversary!" I told her she gave me the wrong cake and her face when pale. She had given the other cake to an older couple not 20 minutes before me, and they had not checked the cake. I still laugh thinking about them opening up a cake for their 50th anniversary with all their family around to find a cake that said Happy birthday Dr Sock Monkey.
 

LOCK

Member
Seriously Gorsuch is an asshole.

Just read the holes he has to jump over to justify his dissent in the Arkansas case.

Please for the love of god let no one die or retire till 2021.
 
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